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Articles 331 - 337 of 337
Full-Text Articles in Law
Is The Attractive Nuisance Doctrine Outmoded, Robert M. Debevec
Is The Attractive Nuisance Doctrine Outmoded, Robert M. Debevec
Cleveland State Law Review
The history of the "attractive nuisance" rule shows that it stemmed from the turntable cases because the courts felt that an owner of a contrivance of this nature was negligent in not keeping it locked when he realized that small children would play on it. From this shaky proposition of law was built the even shakier structure of the "attractive nuisance." There was no longer any question of the owner failing to repair a lock on a turntable, but the mere fact that the instrumentality or appliance was there became enough to find the owner liable towards trespassing children. The …
Guest-Host Relation Termination After Beginning Of Journey, Donald Friborg
Guest-Host Relation Termination After Beginning Of Journey, Donald Friborg
Cleveland State Law Review
Can an automobile guest-host relation terminate en route after the beginning of the journey? In the few cases where this question has been raised, the fact situations usually have contained common characteristics. They often have involved: 1. An initial guest-host relation, 2. Careless or negligent driving on the part of the operator, 3. A demand to be let out of the car by the guest, 4. The ignoring of, or refusal to recognize the validity of such demand by the driver, 5. A subsequent accident resulting in injuries to the guest.
Law And Logic: Conflict In Ohio's Wrongful Death Statute, Traci P. Donald
Law And Logic: Conflict In Ohio's Wrongful Death Statute, Traci P. Donald
Cleveland State Law Review
The doctrines of res judicata and estoppel by judgment are fundamental rules of the law which in both theory and practice fit into rather well defined situations, with one significant exception. An attempt to apply these doctrines to actions for wrongful death points out a serious vacuum in the law. A consideration of whether an injured person's release during his lifetime of a claim for personal injuries bars later claim of his administrator for wrongful death and pain and suffering of decedent will bring the problem into clear perspective. The solution, and there appears to be none short of statutory …
A Note On The Distinction Between Oral And Written Defamation, Jack G. Day
A Note On The Distinction Between Oral And Written Defamation, Jack G. Day
Cleveland State Law Review
It may be true, in the main, that the life of the law, "has not been logic; it has been experience." Nevertheless, the Courts occasionally develop rules of law with no apparent animation from either. An Ohio decision, Pecyk Adm. v. Semoncheck, furnishes a recent example of one such development and the provocation for yet another examination of the basis for the distinction between written and oral defamation.
Inducing Breach Of Contract In Ohio, Arlene B. Steuer
Inducing Breach Of Contract In Ohio, Arlene B. Steuer
Cleveland State Law Review
This article is limited in its scope to the development in Ohio of a cause of action for the tort of wrongfully inducing breach of contract, either by fraud, duress, obstruction, etc., or by mere persuasion, and the extent to which an invasion of contractual rights will be privileged by the fact that the actor is a competitor. It is not intended to cover generally the subject of interference with contract rights, nor the various situations under which an actor will be privileged to interfere with another's contractual rights except when the privilege claimed is competition. The development of this …
Husband And Wife-Consortium Right Of Action In Wife For Negligent Injury To Husband, James B. Taylor
Husband And Wife-Consortium Right Of Action In Wife For Negligent Injury To Husband, James B. Taylor
Cleveland State Law Review
Where the loss of her husband's consortium is the result of personal injuries caused by the mere negligence of a third person, the wife has no cause of action; she did not have such right at common law and no legislation has been enacted to give her this right. Nevertheless, at the same time that this right is denied to the wife, her husband has a cause of action under identical circumstances. In such a case, the gist of the action is the loss of his wife's services, and the right has not been affected by legislation which has abrogated …
Excessive Personal Injury Awards; A Problem And A Recommendation, Anthony R. Nardi
Excessive Personal Injury Awards; A Problem And A Recommendation, Anthony R. Nardi
Cleveland State Law Review
An improved, workable, and sensible test for "excessiveness" in the area of personal injury awards must be established. It is fairly easy to confuse "excessive" with the concept of "large" or "high" awards. In some particular instances perhaps relatively larger or higher awards are proper in today's economy. But, the bulk of over a million injury cases is at a level fairly easy to classify and thereby to compensate properly. When proper standards are established, then awards become excessive when they go beyond this just and equitable measure. Classifications and guides for the vast majority of personal injury claims will …