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Articles 1 - 30 of 53
Full-Text Articles in Law
Loe V. Armistead: The Availability Of An Alternative Remedy As A Bar To Extending Bivens, Ralph G. Santos
Loe V. Armistead: The Availability Of An Alternative Remedy As A Bar To Extending Bivens, Ralph G. Santos
William & Mary Law Review
No abstract provided.
Medical Malpractice Standard Of Care: The Same Or Similar Localities Rule Revisited, Victra L. Fewell
Medical Malpractice Standard Of Care: The Same Or Similar Localities Rule Revisited, Victra L. Fewell
University of Arkansas at Little Rock Law Review
No abstract provided.
The Infliction Of Emotional Distress As An Independent Tort: The Necessity Of Physical Injury - Mcdowell V. Davis, 33 N.C. App. 529, 235 S.E. 2d 896 (1977), Wayne O. Clontz
North Carolina Central Law Review
No abstract provided.
Wrongful Life: A Modern Claim Which Conforms To The Traditional Tort Framework, Richard E. Wolff
Wrongful Life: A Modern Claim Which Conforms To The Traditional Tort Framework, Richard E. Wolff
William & Mary Law Review
No abstract provided.
Domestic Relations—Breach Of Promise To Marry: Relic Revisited To Exclude Expectation Damages—Stanard V. Bolin, 88 Wn. 2d 614, 565 P.2d 94 (1977), D. Joseph Hurson
Domestic Relations—Breach Of Promise To Marry: Relic Revisited To Exclude Expectation Damages—Stanard V. Bolin, 88 Wn. 2d 614, 565 P.2d 94 (1977), D. Joseph Hurson
Washington Law Review
Plaintiff, relying on defendant's proposal of marriage, trained a replacement for her job, placed her home for sale, sold her furniture, and incurred normal expenses incidental to a future union. One month before the date of marriage, defendant informed plaintiff he would not fulfill his promise of marriage; she subsequently became ill, repurchased her home furnishings, and cancelled all wedding plans. Plaintiff brought suit for breach of promise to marry, seeking damages for (1) direct pecuniary losses; (2) pain, impairment to health, humiliation, embarrassment; and (3) loss of the expected financial security of marriage. The superior court dismissed the complaint …
Medico-Legal Issues In Wound Management, Susan Webber
Medico-Legal Issues In Wound Management, Susan Webber
University of Arkansas at Little Rock Law Review
No abstract provided.
Plaintiff's Standard Of Care After Hochfelder: Toward A Theory Of Causation, Robert P. Bryant
Plaintiff's Standard Of Care After Hochfelder: Toward A Theory Of Causation, Robert P. Bryant
Vanderbilt Law Review
The extended debate by the Institute illustrates the logical and even emotional difficulty of dealing with the victim of an admittedly intentional deception who has acted foolishly in his own behalf and does not seem to deserve recovery. The crux of the controversy in the common law deceit cases mirrors that in the 10b-5 cases:should the victim have to investigate, and what might trigger an obligation to investigate? As this discussion demonstrates, tort principles provide some guidance. In deceit cases, the obligations placed on the plaintiff arise from the requirement that his reliance be justified. To the extent that his …
The Implied Warranty Of Habitability In Residential Leases, Glen L. Kettering
The Implied Warranty Of Habitability In Residential Leases, Glen L. Kettering
West Virginia Law Review
The implied warranty of habitability is a property law concept of relatively recent vintage. The development of this tenant-oriented principle has necessarily involved a departure from the traditional doctrine of caveat emptor. This Note will discuss the implied warranty of habitability itself, the rationale behind it, and the remedies it has made available to the residential tenant subjected to unsafe and unhealthy living conditions. Although much of the Note is devoted to judicial treatment of the implied warranty, particular attention is given to the recent adoption of the warranty by the American Law Institute in its second Restatement of Property. …
Potshots At The Stork: Toward A Consistent Justification Of Recovery For Wrongful Birth Claims
Potshots At The Stork: Toward A Consistent Justification Of Recovery For Wrongful Birth Claims
Washington and Lee Law Review
No abstract provided.
Physician Not Liable For Undertaking Particular Mode Of Treatment If Reasonable And Prudent Practitioner Would Have Followed Same Procedure Under Similar Circumstances., Rand J. Riklin
St. Mary's Law Journal
Abstract Forthcoming.
Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan
Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan
Articles
A great many people have attempted to explain what is wrong with the views of Ronald Dworkin. So many, indeed, that one who read only the critics might wonder why views so widely rejected have received so much attention. One reason is that, whatever may be wrong in Dworkin's theories, there is a good deal that is right in them. But what is right is not always clear. Important passages in Dworkin can be distressingly obscure, or tantalizingly incomplete. This essay is a set of loosely connected observations on themes from Dworkin. While I shall add some criticisms of my …
The Latest Event In The Confused History Of Municipal Tort Liability, J. Bart Budetti, Gerald L. Knight
The Latest Event In The Confused History Of Municipal Tort Liability, J. Bart Budetti, Gerald L. Knight
Florida State University Law Review
No abstract provided.
Halloran V. Virginia Chemicals, Inc.: The Admissibility Of Habit Evidence In New York To Prove Negligence, Kathleen Anne Drumm
Halloran V. Virginia Chemicals, Inc.: The Admissibility Of Habit Evidence In New York To Prove Negligence, Kathleen Anne Drumm
Buffalo Law Review
No abstract provided.
Wrongful Life And A Fundamental Right To Be Born Healthy: Park V. Chessin; Becker V. Schwartz, Harry F. Klodowski Jr.
Wrongful Life And A Fundamental Right To Be Born Healthy: Park V. Chessin; Becker V. Schwartz, Harry F. Klodowski Jr.
Buffalo Law Review
No abstract provided.
Torts—Misapplication Of The Tort Of Interference With Business Relations—Cherberg V. Peoples National Bank, 88 Wn. 2d 595, 564 P.2d 1137 (1977), Craig Gannett
Washington Law Review
Lessor, the Joshua Green Corporation, breached the covenant of quiet enjoyment by refusing to repair the outside wall of the building in which the Cherbergs were leasing space for their restaurant and by threatening to post the building as unsafe. The Cherbergs sued the Green Corporation for breach of contract and for interference with business relations. The trial court sustained both causes of action. The jury awarded $3,100 as contract damages and $38,900 as tort damages for mental anguish. The Washington Court of Appeals upheld the damage award for breach of contract but concluded that the tort of interference with …
Illegal Acts And The Discretionary Function Exception Of The Federal Tort Claims Act
Illegal Acts And The Discretionary Function Exception Of The Federal Tort Claims Act
BYU Law Review
No abstract provided.
Manufacturers' Liability For Defective Product Design: A Proposed Statutory Reform, James A. Henderson Jr.
Manufacturers' Liability For Defective Product Design: A Proposed Statutory Reform, James A. Henderson Jr.
Cornell Law Faculty Publications
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Wallis V. Mrs. Smith's Pie Co., Carolyn Brack Armbrust
Wallis V. Mrs. Smith's Pie Co., Carolyn Brack Armbrust
University of Arkansas at Little Rock Law Review
No abstract provided.
The Moment Of Inadvertence Concept In Strict Products Liability: The Seed Of Destruction For The Assumption Of The Risk Defense?, Richard E. Stites
The Moment Of Inadvertence Concept In Strict Products Liability: The Seed Of Destruction For The Assumption Of The Risk Defense?, Richard E. Stites
Indiana Law Journal
No abstract provided.
The Malpractice Liability Of Company Physicians, Timothy J. Paris
The Malpractice Liability Of Company Physicians, Timothy J. Paris
Indiana Law Journal
No abstract provided.
Tort Claims Under The Present And Proposed Bankruptcy Acts, Stephen Allen Edwards
Tort Claims Under The Present And Proposed Bankruptcy Acts, Stephen Allen Edwards
University of Michigan Journal of Law Reform
Congress may soon enact the first complete revision of the United States bankruptcy laws in almost four decades. Among the numerous changes proposed by the legislature is a major alteration of the provability and dischargeability of tort claims asserted against the bankrupt's estate. This article will discuss the treatment of tort claims in the present Act and the changes to be made by the proposed Act, and will evaluate alternative approaches to compensating victims of bankrupt tortfeasors.
Settlements In Multiple Tortfeasor Controversies - Texas Law., Ann C. Livingston
Settlements In Multiple Tortfeasor Controversies - Texas Law., Ann C. Livingston
St. Mary's Law Journal
Abstract Forthcoming.
The Service-Sales Transaction: A Citadel Under Assault., James B. Sales
The Service-Sales Transaction: A Citadel Under Assault., James B. Sales
St. Mary's Law Journal
Abstract Forthcoming.
Interspousal Immunity Doctrine Will Not Bar Claims For Intentional Torts., Edward L. Kurth
Interspousal Immunity Doctrine Will Not Bar Claims For Intentional Torts., Edward L. Kurth
St. Mary's Law Journal
Abstract Forthcoming.
A Critique Of The Uniform Product Liability Law -- A Rush To Judgment, Aaron Twerski, A. S. Weinstein
A Critique Of The Uniform Product Liability Law -- A Rush To Judgment, Aaron Twerski, A. S. Weinstein
Faculty Scholarship
No abstract provided.
The Many Faces Of Misuse: An Inquiry Into The Emerging Doctrine Of Comparative Causation, Aaron Twerski
The Many Faces Of Misuse: An Inquiry Into The Emerging Doctrine Of Comparative Causation, Aaron Twerski
Faculty Scholarship
No abstract provided.
Stuart V. Hertz Corp., 351 So. 2d 703 (Fla. 1977), Richard Gordon
Stuart V. Hertz Corp., 351 So. 2d 703 (Fla. 1977), Richard Gordon
Florida State University Law Review
Tortl Law-INDEMNITY-ORIGINAL TORTFEASOR UNABLE TO RECOVER FOR AGGRAVATION OF PLAINTIFF'S INJURY BY NEGLIGENT ACTION OF SECOND TORTFEASOR.
Skinner V. Reed-Prentice Division Package Co.: Adoption Of Contribution In Illinois, Timothy J. Rivelli
Skinner V. Reed-Prentice Division Package Co.: Adoption Of Contribution In Illinois, Timothy J. Rivelli
Loyola University Chicago Law Journal
No abstract provided.
Products Liability--Applicability Of Comparative Negligence, David A. Fischer
Products Liability--Applicability Of Comparative Negligence, David A. Fischer
Faculty Publications
Products liability and comparative negligence are two very rapidly developing fields of tort law. In recent years, the vast majority of courts have adopted strict liability for harm caused by defective products. At the same time, the doctrine of comparative negligence has changed almost overnight from a doctrine that had been accepted by only a handful of jurisdictions into what is now the majority approach in this country.