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Torts

1969

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Articles 1 - 30 of 61

Full-Text Articles in Law

Wrongful Dishonor Of A Check: Payor Bank's Liability Under Section 4-402, C E. Worboys Dec 1969

Wrongful Dishonor Of A Check: Payor Bank's Liability Under Section 4-402, C E. Worboys

Boston College Law Review

No abstract provided.


Torts - Mental Distress - Recovery By Third Persons - Archibald V. Braverman, 275 Cal. App. 2d 290, __ P. 2d __, 79 Cal. Rptr. 723 (1969), Robert L. Walker Dec 1969

Torts - Mental Distress - Recovery By Third Persons - Archibald V. Braverman, 275 Cal. App. 2d 290, __ P. 2d __, 79 Cal. Rptr. 723 (1969), Robert L. Walker

William & Mary Law Review

No abstract provided.


Expert Medical Testimony In Texas., Zollie Steakley Dec 1969

Expert Medical Testimony In Texas., Zollie Steakley

St. Mary's Law Journal

An ordinary function of the jury in our legal system is to determine questions of fact. Although issues are less difficult when common knowledge and lay judgment are adequate, the field of medicine is an area in which the jury may be assisted by expert testimony. Courts allow the admission of expert medical testimony to assist jurors to show important aspects of a case, including physical condition, the cause of injury, the effect and probable future consequences of an injury or disease, and the cause of death. However, such testimonies are not binding upon the trier of fact unless they ...


Tort Claimant May Seek To Set Aside Fraudulent Conveyance Prior To Reducing His Claim To Judgment., William H. Bingham Jr. Dec 1969

Tort Claimant May Seek To Set Aside Fraudulent Conveyance Prior To Reducing His Claim To Judgment., William H. Bingham Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Res Ipsa Loquitur In Texas: The Element Of Superior Knowledge., Harvey R. Levine Dec 1969

Res Ipsa Loquitur In Texas: The Element Of Superior Knowledge., Harvey R. Levine

St. Mary's Law Journal

The doctrine of res ipsa loquitor infers negligence from the physical cause of an accident and eliminates the necessity of determining with certainty the responsible human cause. Specifically, in Texas, res ipsa loquitor means that the facts of an occurrence warrant an inference of negligence, that they furnish circumstantial evidence in the absence of direct negligence, and that the facts call for an explanation or rebuttal. Each state applies the doctrine differently and the outcome of each case is dependent on the procedural effect. Generally, invoking the doctrine of res ipsa loquitor may result in either of two procedural effects ...


The Doctrine Of Charitable Immunity Does Not Bar The Suit Of A Paying Patient Seeking To Recover Damages Sustained As A Result Of Negligence On The Part Of An Agent, Servant Or Employee Of A Charitable Hospital., Sidney Gibson Dec 1969

The Doctrine Of Charitable Immunity Does Not Bar The Suit Of A Paying Patient Seeking To Recover Damages Sustained As A Result Of Negligence On The Part Of An Agent, Servant Or Employee Of A Charitable Hospital., Sidney Gibson

St. Mary's Law Journal

Southern Methodist University v. Clayton limited and clarified the scope of the charitable immunity doctrine in Texas, making it the leading opinion on the doctrine’s scope as of 1943. Clayton held charitable organization are liable to an employee for injuries proximately caused by the negligence of its agents but not liable to others in absence of proof of negligence on part of charity in employing or keeping the agent. Clayton’s progenies subsequently added two refinements: a charity is liable to an injured party, if, through negligence, improper equipment for treatment or service is used and causes an injury ...


Hammontree V. Jenner, Superior Court For The State Of California, Los Angeles County Nov 1969

Hammontree V. Jenner, Superior Court For The State Of California, Los Angeles County

Historical and Topical Legal Documents

No abstract provided.


Wrongful Death: Assignment Of Right To Potential Proceeds Sep 1969

Wrongful Death: Assignment Of Right To Potential Proceeds

Washington and Lee Law Review

No abstract provided.


Georgia Municipal Tort Liability: Ante Litem Notice, R. Perry Sentell Jr. Sep 1969

Georgia Municipal Tort Liability: Ante Litem Notice, R. Perry Sentell Jr.

Scholarly Works

Time and again the Georgia courts have spoken on the meaning of various phrases in the notice-of-claim statute, or, as they popularly refer to it, the "ante litem notice" statute. During the last three or four years, the judiciary's activity has been particularly concentrated. Grappling with questions of first impression, changing approaches to interpretation, or confirming prior positions, their decisions must now be understood as a part of the statute itself. What follows is simply a brief effort to summarize this recent judicial activity, hopefully in an orderly fashion. If the traveler is thereby aided in updating his map ...


Wrongful Death Action For Prenatal Injury, John Reed Homburg Jun 1969

Wrongful Death Action For Prenatal Injury, John Reed Homburg

West Virginia Law Review

No abstract provided.


Infants--Negligence--Standard Of Care, Robert Russell Stobbs Jun 1969

Infants--Negligence--Standard Of Care, Robert Russell Stobbs

West Virginia Law Review

No abstract provided.


Torts - Non-Delegable Duty - Automobile Owner Is Liable Under A Non-Delegable Duty For The Negligence Of An Independent Contractor Who Failed To Maintain Her Brakes In Compliance With The Vehicle Code. Maloney V. Rath (Cal. 1968), Richard Alan Berman May 1969

Torts - Non-Delegable Duty - Automobile Owner Is Liable Under A Non-Delegable Duty For The Negligence Of An Independent Contractor Who Failed To Maintain Her Brakes In Compliance With The Vehicle Code. Maloney V. Rath (Cal. 1968), Richard Alan Berman

San Diego Law Review

This recent case discusses Maloney v. Rath (Cal. 1968)


Negligence - Savings And Loan Association Is Liable To Home Owners For Its Negligence In Financing Construction Of Houses Having Structural Defects Which Result In Damage. Connor V. Great Western Savings And Loan Association (Cal. 1968), Patrick J. Hennessey Jr. May 1969

Negligence - Savings And Loan Association Is Liable To Home Owners For Its Negligence In Financing Construction Of Houses Having Structural Defects Which Result In Damage. Connor V. Great Western Savings And Loan Association (Cal. 1968), Patrick J. Hennessey Jr.

San Diego Law Review

This recent case discusses Connor v. Great Western Savings and Loan Association (Cal. 1968)


Products Liability - Lender Liability For Defective Home Construction - Connor V. Great Western Savings And Loan Association 69 Cal. 2d 887, 447 P.2d 609, 73 Cal. Rptr. 369 (1968)., Bruce E. Titus May 1969

Products Liability - Lender Liability For Defective Home Construction - Connor V. Great Western Savings And Loan Association 69 Cal. 2d 887, 447 P.2d 609, 73 Cal. Rptr. 369 (1968)., Bruce E. Titus

William & Mary Law Review

No abstract provided.


Torts—Wife Of Negligently Injured Man Has Cause Of Action For Loss Of Consortium, Lawrece S. Lioz Apr 1969

Torts—Wife Of Negligently Injured Man Has Cause Of Action For Loss Of Consortium, Lawrece S. Lioz

Buffalo Law Review

Millington v. Southeastern Elevator Co., 22 N.Y.2d 498, 293 N.Y.S2d 305, 239 N.E.2d 897 (1968).


Recovery Allowed For Physical Damages Arising From Shock Of Witnessing Harm To Third Party, John David Craig Apr 1969

Recovery Allowed For Physical Damages Arising From Shock Of Witnessing Harm To Third Party, John David Craig

Indiana Law Journal

No abstract provided.


Judicially Enacted Direct Action Statutes: Soundness Of The New York Rule, Michael C. Towers Apr 1969

Judicially Enacted Direct Action Statutes: Soundness Of The New York Rule, Michael C. Towers

Boston College Law Review

No abstract provided.


Financial Statement Insurance: A New Approach To Ivestor Protection, Stephen Z. Surridge Apr 1969

Financial Statement Insurance: A New Approach To Ivestor Protection, Stephen Z. Surridge

University of Michigan Journal of Law Reform

The accounting profession rapidly is moving toward a crisis in liability. Members of the investing public are suing accountants with mounting frequency and success. This article will analyze briefly the origin and present dimensions of the crisis, and then propose a plan for replacing court-imposed liability with insured liability through the offering of financial statement insurance. The essentials of the plan can be simply stated. Insurance would be offered by accountants to investors on a voluntary basis in conjunction with purchases and sales of corporate stock and securities. Individual investors would be able to purchase from the auditors of a ...


Liability To Bystanders At Accidents For Mental Distress Mar 1969

Liability To Bystanders At Accidents For Mental Distress

Washington and Lee Law Review

No abstract provided.


Effect Of Lease Term Upon Rate Of Depreciation In Trade Fixture Condemnation Awards Mar 1969

Effect Of Lease Term Upon Rate Of Depreciation In Trade Fixture Condemnation Awards

Washington and Lee Law Review

No abstract provided.


Duty Of Reasonable Care To Third Persons On The Premises Mar 1969

Duty Of Reasonable Care To Third Persons On The Premises

Washington and Lee Law Review

No abstract provided.


Tort Action For Strict Liability In Products Liability Cases Mar 1969

Tort Action For Strict Liability In Products Liability Cases

Washington and Lee Law Review

No abstract provided.


Torts - Emotional Damage - Zone Of Danger Test Rejected - Dillon V. Legg, 441 P.2d 912 (Calif. 1968), Susan Bundy Cocke Mar 1969

Torts - Emotional Damage - Zone Of Danger Test Rejected - Dillon V. Legg, 441 P.2d 912 (Calif. 1968), Susan Bundy Cocke

William & Mary Law Review

No abstract provided.


Texas Adopts The Discovery Rule For Limitations In Medical Malpractice Actions., Phyllis Harper Mar 1969

Texas Adopts The Discovery Rule For Limitations In Medical Malpractice Actions., Phyllis Harper

St. Mary's Law Journal

Abstract Forthcoming.


Tort Action Arose Out Of Automobile Collision In Which Failure Of Plaintiff To Wear Seat Belts Gave Rise To A Concept Of Mitigation Of Damages Rather Than Contributory Negligence., Clifford I. Weinstein Mar 1969

Tort Action Arose Out Of Automobile Collision In Which Failure Of Plaintiff To Wear Seat Belts Gave Rise To A Concept Of Mitigation Of Damages Rather Than Contributory Negligence., Clifford I. Weinstein

St. Mary's Law Journal

Abstract Forthcoming.


A Recovery For Cancer, Allegedly Caused By Radiation In The Course Of Employment, Must Be Based On A Reasonable Probability Of Causal Connection., Michael J. Mccormick Mar 1969

A Recovery For Cancer, Allegedly Caused By Radiation In The Course Of Employment, Must Be Based On A Reasonable Probability Of Causal Connection., Michael J. Mccormick

St. Mary's Law Journal

Abstract Forthcoming.


Res Judicata--Collateral Estoppel--Application Between Former Codefendants, Kenneth Joseph Fordyce, James David Nash Jr. Feb 1969

Res Judicata--Collateral Estoppel--Application Between Former Codefendants, Kenneth Joseph Fordyce, James David Nash Jr.

West Virginia Law Review

No abstract provided.


Torts--Landowner's Standard Of Care Based On Ordinary Principles Of Negligence, Douglas Alan Cornelius Feb 1969

Torts--Landowner's Standard Of Care Based On Ordinary Principles Of Negligence, Douglas Alan Cornelius

West Virginia Law Review

No abstract provided.


The Collateral Source Rule And Personal Injury Damages: The Irrelevant Principle And The Functional Approach, Part Ii, Robert Allen Sedler Jan 1969

The Collateral Source Rule And Personal Injury Damages: The Irrelevant Principle And The Functional Approach, Part Ii, Robert Allen Sedler

Kentucky Law Journal

No abstract provided.


Torts--Negligence--Duty To Warn In Product Liability Cases, Joseph H. Terry Jan 1969

Torts--Negligence--Duty To Warn In Product Liability Cases, Joseph H. Terry

Kentucky Law Journal

No abstract provided.