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Defamatory Opinions And The Restatement (Second) Of Torts, George C. Christie
Defamatory Opinions And The Restatement (Second) Of Torts, George C. Christie
Michigan Law Review
This Article will focus on one important aspect of the Institute's work: the question of whether opinion, including ridicule, can be an independent basis of an action for defamation. Before undertaking that inquiry, however, some basic concepts regarding defamatory opinions must be understood. First, a statement of opinion can, of course, often be reasonably construed to imply the existence of facts that would justify the opinion. If a direct statement of those facts would be defamatory, then the statement of an opinion that implies the existence of those false facts would be defamatory and capable of supporting an action for …
The Interlocking Death And Rebirth Of Contract And Tort, Jeffrey O'Connell
The Interlocking Death And Rebirth Of Contract And Tort, Jeffrey O'Connell
Michigan Law Review
The first portion of this article will examine the growing inclination of courts to apply tort principles to cases based on contracts; at the same time, the defects of tort will be discussed insofar as they militate against the wisdom of so extending tort principles. In the last half of the article, an alternative contractual method for allocating losses in one particular area will briefly be presented; this method does not contain the defects in loss allocation that have impelled courts to reject traditional contractual principles, but it also avoids many inefficiencies of traditional tort remedies.