Law Commons^™

A Guide To Federal Warranty Legislation-The Magnuson-Moss Act, Richard H. Matthews

University of Richmond Law Review

One of the primary causes of concern in the recent movement toward greater consumer protection has been in the area of product warranties. Limited express warranties, liability disclaimers and ambiguous remedy

procedures often have been used by manufacturers and merchants to strip the consumer of all but a bare minimum of protection against defective products. Finding state laws incapable of adequately solving this problem, Congress preempted the field by enacting the Magnuson-Moss Warranty Act.' This Act makes major changes in the law of warranties and places much heavier legal burdens upon manufacturers and other warrantors. This comment will attempt to …

House V. Kellerman: Judge, Jury, And Intervening Cause In Kentucky Negligence Law, Robert W. Griffith

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Torts, Richard Ausness

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Medical Malpractice, R. David Clark

Kentucky Law Journal

No abstract provided.

Checks Lost In The Collection Process, James J. White

Other Publications

Given the millions of checks that are transferred among banks every year, the opportunity for loss and misplacement of such checks is enormous and the liabilities associated with such loss can be significant. This section deals with the collecting bank's liability for the check's loss before it is delivered to payer bank. If the payer bank receives and then loses the check, it will be subject to a different set of liabilities; those liabilities will be discussed elsewhere in the program.

Wrongful Dishonor, James J. White

Other Publications

Uniform Commercial Code section 4-402. I. Basic Liability II. Damages III. Miscellaneous Asides

Trends In The Law Of Damages, John W. Reed

Articles

The law of damages deals with the process of translating harm into dollars. It is not, however, a coherent body of knowledge. Rather, it consists of an amalgam of many concepts and rules having to do with fundamental policy questions about loss-shifting, risk-spreading, and allocation of functions between judge and jury. Because damages is a "non-subject," little attention is paid to it in law school curricula and there is little writing about it. As one commentator put it, the law of damages "plods its way, ignored by academicians and 'accepted' by the courts. . . . The 'winds of change' …

Torts--Emotional Distress--Georgia Continues To Cling To The Impact Rule, Wallace Miller Iii

Mercer Law Review

In Strickland v. Hodges, the Georgia Court of Appeals held that there is no independent right of action in a parent for emotional harm suffered upon witnessing the extent of the injury his child has sustained as a result of a defendant's wilful and wanton negligence. An eleven year old girl suffered serious injuries arising out of a collision between the automobile in which she was riding and an automobile negligently operated by the defendant while admittedly under the influence of intoxicants. Although the child's parents were not present at the time of the accident, they became aware of …

Torts, Hardy Gregory Jr.

Mercer Law Review

No abstract provided.

The 1975 Indiana Medical Malpractice Act

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

The Insurer's Dilemma, Mark W. Gray

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

Is Malpractice Insurable?, Geoffrey Segar

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

The Malpractice Problem-Its Cause And Cure: The Physician's Perspective, James J. Stewart

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

A Constitutional Perspective On The Indiana Medical Malpractice Act, Cathryn V. Deal

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

A Cure For The Plaintiff's Ills?, Andrew C. Mallor

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

The Torts Process, Peter N. Swan

Indiana Law Journal

No abstract provided.

The Abolishment Of Contributory Negligence As A Defense In North Carolina, Julian T. Pierce

North Carolina Central Law Review

No abstract provided.

Computerized Medical Records And The Right To Privacy: The Emerging Federal Response, Barry B. Boyer

Buffalo Law Review

No abstract provided.

Negligent Infliction Of Emotional Harm To Bystanders - Should Recovery Be Denied., Lawrence E. Likar

St. Mary's Law Journal

Abstract Forthcoming.

Williamson V. Memorial Hospital, 307 So. 2d 199 (Fla. 1st Dist. Ct. App. 1975), Linda Jones Wells

Florida State University Law Review

Products Liability- BLOOD TRANSFUSIONS- "IMPLIED WARRANTY" ACTION AGAINST BLOOD SUPPLIERS REQUIRES SHOWING OF DETECTABLE DEFECT AND NEGLIGENCE.

Allegheny Airlines, Inc. V. United States (Case Note), Gerald S. Reamey

Faculty Articles

On September 9, 1969, Robert W. Carey, a student pilot flying a solo cross-country flight in a plane owned by the operator of the flight school in which he was enrolled, collided with an Allegheny Airlines plane near Fairland, Indiana, destroying both aircraft and killing Carey, the crew of the Allegheny aircraft, and all 78 passengers. Allegheny Airlines, Inc. and G.E.C.C. Leasing Corporation brought suit-seeking recovery of damages sustained by their aircraft and engine, and named Forth Corporation, owner of the airplane and operator of the flying school, as a defendant. The trial court, in holding for the defendants, determined …

Personal Liability Of State Officials Under State And Federal Law, Charles R. Mcmanis

Scholarly Works

The common law rule of governmental immunity made governments immune from suit and held public officials personally liable for the torts they committed in the performance of their duties. In recent years, however, the law of tort liability has moved toward the increased immunity of governmental officials and employees and the increased liability of governmental units. In this Article Professor McManis first outlines the notion of sovereign immunity, following with an analysis of the nature and the scope of the immunity afforded governmental official sunder federal and state law, with a particular emphasis on the law of Georgia. The author …

Remedies--Private Nuisance--Comparative Injury Doctrine In West Virginia, Gerard R. Stowers

West Virginia Law Review

No abstract provided.

Torts--Medical Malpractice--Sources Of A Physician's Standard Of Care: The Medical Profession Or The Courts--Helling V. Carey

BYU Law Review

No abstract provided.

Scheme To Defame Political Candidate Coupled With Unreasonable Headlines Is Evidence Of Actual Malice., John Powell Covington

St. Mary's Law Journal

Abstract Forthcoming.

Fact Of Possible Future Inflation Will Not Be Included In The Calculation Of Future Damages., Susan B. Biggs

St. Mary's Law Journal

Abstract Forthcoming.

Elimination Of The Distinctions Between Trespassers, Licensees, And Invitees - Landowner Has A Duty Of Reasonable Care To Foreseeable Entrants., Lawrence Likar

St. Mary's Law Journal

A pure negligence approach to bystander recovery imposes an undue burden upon a merely negligent defendant. Third parties, who suffer emotional distress after witnessing someone suffer an injury, lack standing to sue if they themselves suffered no physical injury. Under a pure negligence approach, however, bystanders now have a claim for negligent infliction of emotional distress. Nonetheless, this method of recovery exceeds the scope of the general principles of negligence law. For instance, a secondary reaction to a specific traumatic stimulus is not foreseeable and is heavily dependent upon an individual's prior mental conditioning. The law requires more than mere …

Torts --Attractive Nuisance--New Rationale For Refusing To Extend Liability For Injuries Caused By Natural Conditions--Loney V. Mcphillips

BYU Law Review

No abstract provided.

The Constitutionality Of Automobile Guest Statutes: A Roadmap To The Recent Equal Protection Challenges, David K. Detton

BYU Law Review

No abstract provided.

Constitutional Law--Damages For Libel--A New Standard For Recovery Of Damages By Private Individuals Libeled In A Report Of Public Interest--Gertz V. Robert Welch, Inc., Breck H. Barton

BYU Law Review

No abstract provided.