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Full-Text Articles in Law

Some Implications Of The Constitutional Privilege To Defame, Robert E. Keeton Jan 1972

Some Implications Of The Constitutional Privilege To Defame, Robert E. Keeton

Vanderbilt Law Review

In this issue of the Vanderbilt Law Review we honor an extraordinary scholar, teacher, and Dean. It is a happy circumstance that the editors have offered us this opportunity at a time when we can confidently predict that Dean Wade will continue to serve us with great distinction in years ahead. The present article concerns some pending problems in the law of defamation that have already attracted Dean Wade's active interest. This seems a particularly fitting subject for inclusion in a symposium celebrating not only his distinguished past service but also a commencement incident to his release from decanal responsibility.


Defective Products: Abnormal Use, Contributory Negligence, And Assumption Of Risk, Dix W. Noel Jan 1972

Defective Products: Abnormal Use, Contributory Negligence, And Assumption Of Risk, Dix W. Noel

Vanderbilt Law Review

This article will attempt to analyze these three general kinds of conduct on the part of the plaintiff, giving attention to basic tort principles and to traditional distinctions. Special emphasis will be placed on the functions of court and jury in resolving questions posed by situations in which injury is caused both by a defective product and by the plaintiff's handling of that product. It will be shown that a court's choice of policy factors as a basis for strict liability may affect considerably its final decision.


Variation On Libel Per Quod, Laurence H. Eldredge Jan 1972

Variation On Libel Per Quod, Laurence H. Eldredge

Vanderbilt Law Review

During the nineteenth century it became settled common law in England and in the United States that in any action for libel, as distinct from slander, the plaintiff could recover damages without pleading or proving that he had in fact suffered any damages as a result of the publication. The American Law Institute accepted this as sound law. Volume III of the Restatement of Torts, published in 1938, stated the rule in section 569: "One who falsely, and without a privilege to do so, publishes matter defamatory to another in such a manner as to make the publication a libel …


Torts: 1971 Survey Of New York Law, Faust F. Rossi, Warren E. George Jan 1972

Torts: 1971 Survey Of New York Law, Faust F. Rossi, Warren E. George

Cornell Law Faculty Publications

No abstract provided.


Choice-Of-Law Problems In Wrongful Death Actions Arising From Aircraft Accidents, Rolf-Peter Hoenen Jan 1972

Choice-Of-Law Problems In Wrongful Death Actions Arising From Aircraft Accidents, Rolf-Peter Hoenen

LLM Theses and Essays

This thesis examines choice-of-law problems in wrongful death actions arising from multistate aircraft accident litigation. Although federal law extensively regulates air traffic safety and carrier operations, compensation for dependents of accident victims remains governed by divergent state wrongful death statutes, creating acute conflict-of-laws difficulties. The study traces the historical dominance of the lex loci delicti doctrine and demonstrates its particular inadequacy in aviation cases, where the situs of a crash bears little rational connection to the parties. It then surveys judicial escape devices — procedural characterization, public policy exceptions, and renvoi — as well as the modern approaches that followed …


Products Liability And Choice Of Law: The United States Proposals To The Hague Conference, Willis L.M. Reese Jan 1972

Products Liability And Choice Of Law: The United States Proposals To The Hague Conference, Willis L.M. Reese

Vanderbilt Law Review

Among Dean Wade's many accomplishments is his recent appointment as a member of the Secretary of State's Advisory Committee on Private International Law. One of the functions of this Committee is to render advice on what position should be taken by the United States on the various matters considered by the Hague Conference on Private International Law. The initial topic considered at the first meeting of the Advisory Committee attended by Dean Wade was what should be the choice-of-law rules for products liability. It seems appropriate that in these essays written in his honor there should be mention of the …


Limitations On Liability For Economic Loss Caused By Negligence: A Pragmatic Appraisal, Fleming James, Jr. Jan 1972

Limitations On Liability For Economic Loss Caused By Negligence: A Pragmatic Appraisal, Fleming James, Jr.

Vanderbilt Law Review

Even if liability for indirect economic consequences of negligence may in some cases be too broad and open-ended to be endured, care should be taken to see whether that is true in all types of situations; if it is not true, one must examine whether a rule may be fashioned to separate the wheat from the chaff. In this discussion it has been assumed that if the pragmatic consideration has any validity, it is in the field of indirect economic loss rather than that of physical damage. As one commentator put it, "only a limited amount of physical damage can …


Products Liability-Drugs And Cosmetics, Page Keeton Jan 1972

Products Liability-Drugs And Cosmetics, Page Keeton

Vanderbilt Law Review

Much has been written by judges and scholars about abrogation of both the requirement of privity for recovery on warranty theories and the prerequisite of a finding of negligence for recovery on a tort theory against manufacturers and other sellers of all kinds of products.' As a consequence of this abrogation, the courts in some states have completed the change-over from a fault to a strict liability theory of recovery for harm resulting from unintended and latent dangerous conditions of products. Moreover, removal of initial restrictions limiting strict liability to users and consumers is proceeding apace, and the logical extension …


Toward A Test For Strict Liability In Torts, Jon T. Hirschoff, Guido Calabresi Jan 1972

Toward A Test For Strict Liability In Torts, Jon T. Hirschoff, Guido Calabresi

Articles by Maurer Faculty

No abstract provided.


Interspousal Immunity-Automobile Negligence Jan 1972

Interspousal Immunity-Automobile Negligence

University of Richmond Law Review

At common law neither spouse could maintain an action against the other. With the passage of the Married Woman's Acts in the mid-nineteenth century it was agreed that a cause of action would then lie for property torts, but there was confusion as to whether the statutes gave a new cause of action for personal torts between the spouses. It therefore became a question of statutory interpretation, with the terminology of most of the statutes being consistent with either conclusion. The first courts to interpret the statutes held that no cause of action had been conferred and thereby laid the …


Some Problems Of Consumer Class Actions, John Krahmer Jan 1972

Some Problems Of Consumer Class Actions, John Krahmer

University of Richmond Law Review

As a procedural device the class action has a respectably long history and, from its beginnings, has been recognized as an action founded at least as much upon convenience as upon legal theory. Interestingly enough, it was the insistence of the early equity courts on the convenient administration of justice that led to the general rule requiring all parties interested in the subject matter of a suit to be joined before the suit could go forward, and this rule presented the first barrier to the maintenance of a class suit. As Professor Chafee has pointed out, the early judges, concerned …


Recovery For Wrongful Death In Virginia: The Effect Of "Dependency" And "Pecuniary Loss" Jan 1972

Recovery For Wrongful Death In Virginia: The Effect Of "Dependency" And "Pecuniary Loss"

University of Richmond Law Review

In 1968, substantial changes occurred m the statute allowing recovery for wrongful death in Virginia. The General Assembly established "dependents" as a new class of persons, entitled to recover up to a maximum of $50,000 in proportion to their "pecuniary loss." The statute also designates a class of persons as beneficiaries and allows them to recover an additional $25,000 for solace. Thus, the total amount potentially available to persons who qualify as both a dependent and a statutory beneficiary is $75,000.


Fairness And Utility In Tort Theory, George P. Fletcher Jan 1972

Fairness And Utility In Tort Theory, George P. Fletcher

Faculty Scholarship

Professor Fletcher challenges the traditional account of the development of tort doctrine as a shift from an unmoral standard of strict liability for directly causing harm to a moral standard based on fault. He then sets out two paradigms of liability to serve as constructs for understanding competing ideological viewpoints about the proper role of tort sanctions. He asserts that the paradigm of reciprocity, which looks only to the degree of risk imposed by the parties to a lawsuit on each other, and to the existence of possible excusing conditions, provides greater protection of individual interests than the paradigm of …


A Medical Partnership Owes A Duty To The Families Of Its Patients To Exercise Ordinary Care To Prevent A Partner Or Employee, Who Is Acting Outside The Ordinary Course Of Business, From Tortiously Interfering With Family Relations, While The Partner Or Employee Is On The Premises Of The Clinic Or Purportedly Acting As A Representative Of The Partnership Elsewhere., Jan Weaver Busby Dec 1971

A Medical Partnership Owes A Duty To The Families Of Its Patients To Exercise Ordinary Care To Prevent A Partner Or Employee, Who Is Acting Outside The Ordinary Course Of Business, From Tortiously Interfering With Family Relations, While The Partner Or Employee Is On The Premises Of The Clinic Or Purportedly Acting As A Representative Of The Partnership Elsewhere., Jan Weaver Busby

St. Mary's Law Journal

Abstract Forthcoming.


1) A Child Beneath The Age Of Five Charged With Contributory Negligence Cannot Be Negligent As A Matter Of Law; 2) A Defendant Is Entitled To A Definition And Explanatory Charges Of Unavaoidable Accident By Reason Of The Child Plaintiff Being Incapable Of Negligence; 3) Sole Proximate Cause Is Immaterial To The Function Of The Sudden Emergency Doctrine; 4) Unavoidable Accident And Sudden Emergency Are No Longer Subject To Special Issue Submission., Herbert E. Dickey Jr. Dec 1971

1) A Child Beneath The Age Of Five Charged With Contributory Negligence Cannot Be Negligent As A Matter Of Law; 2) A Defendant Is Entitled To A Definition And Explanatory Charges Of Unavaoidable Accident By Reason Of The Child Plaintiff Being Incapable Of Negligence; 3) Sole Proximate Cause Is Immaterial To The Function Of The Sudden Emergency Doctrine; 4) Unavoidable Accident And Sudden Emergency Are No Longer Subject To Special Issue Submission., Herbert E. Dickey Jr.

St. Mary's Law Journal

Abstract Forthcoming.


A Group Of Consumers Who Have Bought Merchandise Under Installment Contracts May Maintain A Class Action Seeking Recission Of The Contracts For Fraudulent Misrepresentations On Behalf Of Themselves And Others Similarly Situated., John E. Murphy Dec 1971

A Group Of Consumers Who Have Bought Merchandise Under Installment Contracts May Maintain A Class Action Seeking Recission Of The Contracts For Fraudulent Misrepresentations On Behalf Of Themselves And Others Similarly Situated., John E. Murphy

St. Mary's Law Journal

Abstract Forthcoming.


Products Liability--Application Of Ucc Sales Article Policy To Leased Chattel, Gary L. Hunt Nov 1971

Products Liability--Application Of Ucc Sales Article Policy To Leased Chattel, Gary L. Hunt

West Virginia Law Review

No abstract provided.


Constitutional Law--Motor Vehicle Safety Responsibility Statutes--Necessity For A Hearing On Liability, Stephen R. Crislip Nov 1971

Constitutional Law--Motor Vehicle Safety Responsibility Statutes--Necessity For A Hearing On Liability, Stephen R. Crislip

West Virginia Law Review

No abstract provided.


Torts—Automobiles—Host-Guest Statute—Nondriving Owners Denied The Protection Of The Host-Guest Statute—Hansel V. Ford Motor Co., 3 Wn. App. 151, 473 P.2d 219 (1970), Anon Oct 1971

Torts—Automobiles—Host-Guest Statute—Nondriving Owners Denied The Protection Of The Host-Guest Statute—Hansel V. Ford Motor Co., 3 Wn. App. 151, 473 P.2d 219 (1970), Anon

Washington Law Review

As defendant Moss's daughter was driving downhill in an automobile owned by Moss for use in the family's construction business, the brakes failed suddenly and the car ran into a telephone pole. Plaintiffs, riding as guests of the daughter, sustained severe injuries. The resulting suit was brought against Ford Motor Company (the manufacturer of the automobile), Moss's mechanic (who had relined the brakes several weeks prior to the accident), and Moss. Moss denied negligence and asserted the Washington Guest Statute as a further bar to liability. At the conclusion of plaintiffs' case the defendants moved for dismissal on the grounds …


The Effect Of Sovereign Immunity On Environmental Protection Suits Against Government Officials, Richard C. Ausness Oct 1971

The Effect Of Sovereign Immunity On Environmental Protection Suits Against Government Officials, Richard C. Ausness

Law Faculty Scholarly Articles

A number of excellent articles have been published on the general subject of federal sovereign immunity in recent years, but most of them have been substantially concerned with legislative or judicial reform of this and related doctrines. The growing importance of environmental values as significant social and legal interests compels an examination of the relationship between sovereign immunity and the environmental protection suit. This article will trace the past and recent development of the immunity doctrine and consider its present and potential impact on environmental litigation.


Torts—Liability Of Vehicle Owner To Third Parties Injured By Thief’S Negligent Operation Of Vehicle, Where Keys Left In Ignition Led To Theft, Lauri Steven Filppu Oct 1971

Torts—Liability Of Vehicle Owner To Third Parties Injured By Thief’S Negligent Operation Of Vehicle, Where Keys Left In Ignition Led To Theft, Lauri Steven Filppu

Buffalo Law Review

Guaspari v. Gorsky, 36 App. Div. 2d 225, 319 N.Y.S.2d 708 (4th Dep't 1971).


The Unemployed Housewife-Mother: Fair Appraisal Of Economic Loss In A Wrongful Death Action, Thomas F. Segalla Oct 1971

The Unemployed Housewife-Mother: Fair Appraisal Of Economic Loss In A Wrongful Death Action, Thomas F. Segalla

Buffalo Law Review

No abstract provided.


Products Liability - Manufacturers' Strict Liability For Enhanced Injuries Due To Design Defects. Badorek V. General Motors Corp., 11 Cal. App. 3d 902, 90 Cal. Rptr. 305 (1970), Daniel J. Perry Oct 1971

Products Liability - Manufacturers' Strict Liability For Enhanced Injuries Due To Design Defects. Badorek V. General Motors Corp., 11 Cal. App. 3d 902, 90 Cal. Rptr. 305 (1970), Daniel J. Perry

William & Mary Law Review

No abstract provided.


Punitive Damages For Wrongful Dishonor Of A Check Sep 1971

Punitive Damages For Wrongful Dishonor Of A Check

Washington and Lee Law Review

No abstract provided.


Legal Issues Relating To Electroconvulsive Therapy, H. Richard Beresford Aug 1971

Legal Issues Relating To Electroconvulsive Therapy, H. Richard Beresford

Cornell Law Faculty Publications

A survey of 54 psychiatric units disclosed that 49 (91%) were using electroconvulsive (ECT), principally for major depressive illnesses. During the five-year period 1964 to 1968, fractures and other complications of ECT were uncommon. Sudden death was reported in seven cases. During this period, none of the respondents or their affiliated physicians had been involved in lawsuits relating to the use of ECT. In general, suits for injuries occasioned by the use of ECT seem to be declining. Possible remaining problem areas are the performance of ECT without the prior consent of the patient; the failure to have facilities and …


The Tort Liability Of The State Of Indiana: Perkins V. State, Edward F. Mccrea Jul 1971

The Tort Liability Of The State Of Indiana: Perkins V. State, Edward F. Mccrea

Indiana Law Journal

Recent Developments in Indiana Law


Common Sense And Conflict Of Laws: A Welcome Change, Aaron Twerski Jul 1971

Common Sense And Conflict Of Laws: A Welcome Change, Aaron Twerski

Faculty Scholarship

No abstract provided.


Torts--Defective Design, Carl N. Frankovitch May 1971

Torts--Defective Design, Carl N. Frankovitch

West Virginia Law Review

No abstract provided.


Torts--Strict Liability--A Hospital Is Strictly Liable For Transfusions Of Hepatitis-Infected Blood--Cunningham V. Macneal Memorial Hospital, Michigan Law Review May 1971

Torts--Strict Liability--A Hospital Is Strictly Liable For Transfusions Of Hepatitis-Infected Blood--Cunningham V. Macneal Memorial Hospital, Michigan Law Review

Michigan Law Review

This Recent Development will briefly trace the development of hospital liability for transfusions of hepatitis-infected blood and will analyze both the impact of Cunningham on that area of the law and the correctness of the Cunningham decision.


Torts - Proximate Cause. Haft V. Lone Palm Hotel, __Cal. 3d __, 478 P.2d 465, 91 Cal. Rptr. 465 (1970), J. W. Montgomery Iii May 1971

Torts - Proximate Cause. Haft V. Lone Palm Hotel, __Cal. 3d __, 478 P.2d 465, 91 Cal. Rptr. 465 (1970), J. W. Montgomery Iii

William & Mary Law Review

No abstract provided.