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Consideration Of Tax Aspects In Awarding Damages For Personal Injuries, Doris B. Gorman
Consideration Of Tax Aspects In Awarding Damages For Personal Injuries, Doris B. Gorman
Vanderbilt Law Review
The recent decision of the House of Lords, in British Transport Commission v. Gourley has completely changed the English position on the question of whether income taxes should be considered in determining personal injury damages based on actual or prospective loss of earnings. The House of Lords held that the lower court should have taken the tax aspects into account and that the damage award must be reduced accordingly. By this holding, the House of Lords overruled Jordan v. The Limmer And Trinidad Lake Asphalt Co. and Billingham v. Hughes, which until then represented the ruling law in England on …
Wrongful Death Acts Compared Briefly, Robert J. Sawyer
Wrongful Death Acts Compared Briefly, Robert J. Sawyer
Cleveland State Law Review
The right of action for wrongful death was not seriously considered by the common law courts until 1846. It has not been given protection by most of our state constitutions despite the fact that the Federal Constitution has guaranteed life, liberty, and the pursuit of happiness. However, most states have enacted "Wrongful Death" statutes to allow protection to their inhabitants. In order for the next of kin to damages in a Wrongful Death action, there must be shown a relationship to the deceased. The fact must be established that there was an interest akin to insurable interest in the deceased, …