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Articles 1 - 8 of 8

Full-Text Articles in Law

Wrongful Life: A Modern Claim Which Conforms To The Traditional Tort Framework, Richard E. Wolff Oct 1978

Wrongful Life: A Modern Claim Which Conforms To The Traditional Tort Framework, Richard E. Wolff

William & Mary Law Review

No abstract provided.


Potshots At The Stork: Toward A Consistent Justification Of Recovery For Wrongful Birth Claims Sep 1978

Potshots At The Stork: Toward A Consistent Justification Of Recovery For Wrongful Birth Claims

Washington and Lee Law Review

No abstract provided.


Products Liability--Applicability Of Comparative Negligence, David A. Fischer Jan 1978

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.


Misrepresentation - Part Ii, Fleming James, Oscar S. Gray Jan 1978

Misrepresentation - Part Ii, Fleming James, Oscar S. Gray

Faculty Scholarship

No abstract provided.


Blackburn V. Dorta, 348 So. 2d 287 (Fla. 1977), Alix Thornton Jan 1978

Blackburn V. Dorta, 348 So. 2d 287 (Fla. 1977), Alix Thornton

Florida State University Law Review

Tort Law- ASSUMPTION OF RISK- ADOPTION OF COMPARATIVE NEGLIGENCE REQUIRES THAT THE DEFENSE OF IMPLIED ASSUMPTION OF RISK BE ELIMINATED AS AN ABSOLUTE BAR TO RECOVERY.


Ingram V. Pettit, 340 So. 2d 922 (Fla. 1976), Charles Law Early, Jr. Jan 1978

Ingram V. Pettit, 340 So. 2d 922 (Fla. 1976), Charles Law Early, Jr.

Florida State University Law Review

Tort Law- NEGLIGENT INTOXICATED DRIVER LIABLE FOR PUNITIVE DAMAGES WITHOUT PROOF OF ABNORMAL OR RECKLESS DRIVING.


Torts--Parent's Recovery For Loss Of Society And Companionship Of Child, Michael B. Victorson Jan 1978

Torts--Parent's Recovery For Loss Of Society And Companionship Of Child, Michael B. Victorson

West Virginia Law Review

In situations where a child has been killed or injured as the result of a third party's negligent, tortious act, case law overwhelmingly supports the view that a parent may not recover damages from the third-party tortfeasor for the loss of the child's society and companionship. A growing minority of cases, however, have expreessly recognized that such losses are recoverable, and other cases have employed language susceptible to the interpretation that recovery for such losses may be allowed. While most of this development has been in the area of wrongful death, rather than personal injury, the analysis for one area …


Products Liability--Applicability Of Comparative Negligence To Misuse And Assumption Of The Risk, David A. Fischer Jan 1978

Products Liability--Applicability Of Comparative Negligence To Misuse And Assumption Of The Risk, David A. Fischer

Faculty Publications

A trend is emerging to apply comparative negligence in strict products liability actions. This creates two serious difficulties. First is the question of how to compare the negligence of one party with the strict liability of the other party.