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Full-Text Articles in Law
Personal Torts Within The Family, Val Sanford
Personal Torts Within The Family, Val Sanford
Vanderbilt Law Review
If a person, while under the influence of intoxicants, drives his automobile at excessive speed, loses control of it, jumps the curb and strikes a pedestrian, injuring him severely, there would be little question, nothing else appearing, that he would be liable to the injured pedestrian in an action for damages. The premises underlying a conclusion of liability in such cases are obvious. It is in the interest of society that injured persons be compensated and rehabilitated; and our conceptions of justice are such that ordinarily it seems fair that the party who was at fault, whose action caused the …
Particularizing Standards Of Conduct In Negligence Trials, James Fleming Jr., David K. Sigerson
Particularizing Standards Of Conduct In Negligence Trials, James Fleming Jr., David K. Sigerson
Vanderbilt Law Review
The general principles to be applied by court or jury in deciding whether conduct is reasonable have been examined elsewhere.' The problem to be dealt with here concerns the specific application of the law's standard of conduct to concrete cases. How, that is, may it be shown what a party or his opponent should have done, in the way of taking precautions or the like, in the situation presented by the evidence? What kinds of proof or argument are available to make this showing? When must such a showing be made by proof? Is the jury or court to determine …