Law Commons^™

Tort Liability - Cunis V. Brennan, A Defendant Has No Duty To Protect A Plaintiff Injured By Defendant's Negligent Conduct Where Plaintiff's Injury Was Not Reasonably Foreseeable Under The Circumstances, Thaddeus J. Hubert Iii

Loyola University Chicago Law Journal

No abstract provided.

Concerning Cause And The Law Of Torts: An Essay For Harry Kalven, Jr., Guido Calabresi

Addison Harris Lecture

No abstract provided.

Kentucky Law Survey: Torts, Richard C. Ausness

Law Faculty Scholarly Articles

This article provides a survey of Kentucky legal developments in the area of tort law. During the past term the Kentucky Court of Appeals was quite active in the area of torts. The Court considered cases involving battery, nuisance, products liability and negligence. The negligence decisions dealt with a defendant's standard of care, contributory negligence, and last clear chance. Four of these cases have been selected for examination in this article.

Elimination Of "Unreasonably Dangerous" From § 402a - The Price Of Consumer Safety?, Judith Haskell Zernich

Duquesne Law Review

No abstract provided.

Schools And School Districts -Doe V. San Francisco Unified School District, Tort Liability For Failure To Educate, Belle Lind Gordon

Loyola University Chicago Law Journal

No abstract provided.

The Statute Of Limitations In Strict Products Liability Actions, Florence V. Dean

Buffalo Law Review

No abstract provided.

Nonphysical Torts And Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.

Design Defect Cases: The Present State Of Illinois Products Liability Law, 8 J. Marshall J. Prac. & Proc. 351 (1975), Michael A. Pope

UIC Law Review

No abstract provided.

Automobile Crashworthiness: Evans Takes A Backseat, Frederick T. Haase Jr.

Villanova Law Review (1956 - )

No abstract provided.

Kentucky Law Survey: Torts, Richard C. Ausness

Law Faculty Scholarly Articles

This article provides a survey of Kentucky legal developments in the area of tort law. The topics covered in this discussion include: negligence per se, res ipsa loquitur, the legal duty of a land owner, parental liability for the acts of children, the last clear chance doctrine, products liability, private nuisance, and public nuisance.

Product Liability: The Potential Liability Of The Advertising Agency, Stephen J. Werber, William L. Trombetta

Law Faculty Articles and Essays

In the typical products liability action, there is generally a solvent manufacturer or seller from whom the injured party may recover. One could speculate that this is the major reason why no agency has ever been joined--but should not the agency be called to account where there is no other solvent defendant, or where other reasons prevent an effective action against the principles, or where justice demands a proper sharing of liability? The authors believe that this must be answered affirmatively, and that the potential for advertising agency liability does in fact exist.

Express Contracts To Cure: The Nature Of Contractual Malpractice, Gary L. Birnbaum

Indiana Law Journal

No abstract provided.

Tort Claims As Intangible Property: An Exploration From An Assignee's Perspective, Harold R. Weinberg

Law Faculty Scholarly Articles

Dean Prosser has pointed out that a major function of the law of torts is to allocate losses arising in the course of human activity by placing the burden of the loss on the party at fault. Tort causes of action are both diverse and plentiful in our society, and few persons can avoid being a tort victim at one time or another. Prior to suit, the injured party becomes the “owner” of a tort cause of action. Even though “ownership’’ is involved, it may seem awkward to classify a tort cause of action as personal property. This difficulty is …

The Demise Of The Declaratory Judgment Action As A Device For Testing The Insurer's Duty To Defend: A Postscript, J. Patrick Browne

Cleveland State Law Review

For years the conflict of interest problem that occasionally arose out of the defense of an insured by his liability carrier denying coverage under the policy was, for the most part ignored. Now, within the last decade, it has surfaced as one of the most litigated questions in the field of insurance law. In the last issue of this Review, this author attempted an exegesis of Motorists Mutual Insurance Co. v. Trainor, then the latest pronouncement on the subject by the Supreme Court of Ohio. Soon after that article was published, the Supreme Court again addressed itself to the problem …

Liability Of Parents For The Willful Torts Of Their Children Under Ohio Revised Code Section 3109.09, Stuart A. Laven

Cleveland State Law Review

This article will examine four issues which the practitioner may face in handling litigation under Section 3109.09, which imposes liability on the parents of children who willfully damage the property of another: whether the statute extends to a "taking" of property; whether the term "parents" includes others who have custody and control of a minor; whether an insurance company as a subrogated plaintiff may maintain an action under the statute; and, finally, whether parents of the minor wrongdoer are provided with coverage under their homeowners policy in an action brought against them under Section 3109.09.

The Intrauterine Device: A Criticism Of Governmental Complaisance And An Analysis Of Manufacturer And Physician Liability, Walter Lee Mccombs, James F. Szaller

Cleveland State Law Review

It is difficult to understand how a product so intimately connected with a bodily function and presenting such a potential for serious harm was allowed on the market without pre-market clearances assuring that it had met at least minimum standards of safety. This development is especially distressing since there exists a governmental agency whose sole function is to protect the public interest in precisely this type of situation. Since the law of products liability should not deny a remedy to the unwary consumer whose reliance on the overzealous representations of the manufacturer ended in tragedy, this note will examine the …

Product Liability: The Potential Liability Of The Advertising Agency, Stephen J. Werber, William L. Trombetta

Cleveland State Law Review

In the typical products liability action, there is generally a solvent manufacturer or seller from whom the injured party may recover. One could speculate that this is the major reason why no agency has ever been joined -but should not the agency be called to account where there is no other solvent defendant, or where other reasons prevent an effective action against the principals, or where justice demands a proper sharing of liability? The authors believe that this must be answered affirmatively, and that the potential for advertising agency liability does in fact exist.

Tort Law-Constitutional Privilege Does Not Extend To Defamation Concerning A Private Individual On A Public Issue

University of Richmond Law Review

In a libel action at common law, proof of a defamatory publication established liability unless either truth or privilege could be shown. Damage to the plaintiff's reputation was presumed, entitling him to general damages. In the United States, the punishment of libelous words did not raise a constitutional problem, although the Constitution prevented restraint of publication.

Recent Legislation- Tort Law

University of Richmond Law Review

This is a summary of the recent legislation from 1975.

Kentucky Law Survey: Torts, Richard C. Ausness

Kentucky Law Journal

No abstract provided.

Tort Claims As Intangible Property: An Exploration From An Assignee's Perspective, Harold R. Weinberg

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Torts, Richard C. Ausness

Kentucky Law Journal

No abstract provided.

Evidence Of Post-Accident Failures, Modifications And Design Changes In Products Liability Litigation., Don L. Davis

St. Mary's Law Journal

Abstract Forthcoming.

Caveat Viator: The Duty To Wear Seat Belts Under Comparative Negligence Law, John A. Hoglund, A. Peter Parsons

Washington Law Review

The first portion of this article will attempt to show that neither judicial nor legislative reluctance, nor its underlying reasoning, is justifiable in light of the current state of law and society. Substantial evidence will be presented to demonstrate the need for our society to adopt the seat belt habit and for the law to recognize and respond to this societal need. Reactions of courts and legislative bodies to suggestions of mandated use are then explored as a preliminary to an analysis of the common law basis for adoption of the seat belt rule. A careful explanation will then be …

The Technological Expert In Products Liability Litigation, Aaron Twerski, William A. Donaher, Henry R. Piehler, Alvin S. Weinstein

Faculty Scholarship

No abstract provided.

Judicial Examination Of The Accused--A Remedy For The Third Degree, Paul G. Kauper

Michigan Law Review

Reprint from 30 Michigan Law Review 1224.

In its report on "Lawlessness in Law Enforcement" the Wickersham Commission concludes that in the police systems of a number of American municipalities the "third degree" is very generally practiced as a means of extorting from accused persons under arrest confessions, incriminating statements, and other information of value to the police. The conclusion of the Commission confirms the results of private investigation made in the same field. It is true that the methods of inquiry pursued by the Commission leave doubt as to the accuracy of some of the facts reported. But the …

Old Wine In A New Flask -- Restructuring Assumption Of Risk In The Product Liability Era, Aaron Twerski

Faculty Scholarship

No abstract provided.

Voluntary Assumption Of Risk And The Gratuitous Passenger, G. J. Skene

Dalhousie Law Journal

In the so-called gratuitous passenger cases, the defence of voluntary assumption of risk, being a complete defence to negligence, has fallen into some disfavour with the courts in recent years, preference having been given to the more moderate defence of contributory negligence with its consequent apportionment of responsibility.' With one exception, 2 this has also proved to be the case in their dealing with a gratuitous passenger's rights against the drunken driver found to be grossly negligent under the motor vehicle legislation. a As a rule, the plea of volenti and that of contributory negligence go together, so that the …

The Assigned Risk In Texas: The Questions Of Agency And Absolute Liability., Timothy Tynan Griesenbeck Jr.

St. Mary's Law Journal

Texas’ Assigned Risk Plan provides motor vehicle liability coverage to high-risk drivers who can’t obtain private insurance. However, there are two unresolved questions concerning assigned risk in Texas. The first is whether an independent insurance broker who drafts a policy for a high-risk driver is the agent of the insured or of the insurer. Several jurisdictions have determined that the assigned risk broker is the agent of the insured, and Texas should follow suit. Generally, the driver contacts a broker to file an application under the Plan with the state. The insurer assigned to the case must issue a policy …

Strict Liability Is Imposed Upon Supplier Of Chattel Under Lease., Frank J. Cavico Jr.

St. Mary's Law Journal

Abstract Forthcoming.