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Articles 6601 - 6630 of 9024
Full-Text Articles in Law
Torts - Surveyor Making An Inaccurate Survey Held Liable To A Third Party Not In Privity On A Theory Of Tortious Misrepresentation, Thomas G. White
Torts - Surveyor Making An Inaccurate Survey Held Liable To A Third Party Not In Privity On A Theory Of Tortious Misrepresentation, Thomas G. White
Loyola University Chicago Law Journal
No abstract provided.
Contribution Among Negligent Joint Tortfeasors In Illinois: A Squeamish Damsel Comes Of Age, Michael J. Polelle
Contribution Among Negligent Joint Tortfeasors In Illinois: A Squeamish Damsel Comes Of Age, Michael J. Polelle
Loyola University Chicago Law Journal
No abstract provided.
Negligence—Medical Malpractice—Statute Of Limitations Starts To Run When Patient Could Reasonably Discover Foreign Object, Jerome D. Schad
Negligence—Medical Malpractice—Statute Of Limitations Starts To Run When Patient Could Reasonably Discover Foreign Object, Jerome D. Schad
Buffalo Law Review
Flanagan v. Mt. Eden Gen. Hosp., 24 N.Y.2d 427, 248 N.E.2d 871, 301 N.Y.S.2d 23 (1969).
Recent Developments, Various Editors
Recent Developments, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
Products Liability - Assumption Of Risk Is An Affirmative Defense To A Products Liability Suit Based Upon Strict Liability In Tort - Mere Contributory Negligence Will Not Bar Plaintiff's Relief, Lee J. Radek
Loyola University Chicago Law Journal
No abstract provided.
Theory Of Economic Policy And The Law Of Torts, The, Robert Birmingham
Theory Of Economic Policy And The Law Of Torts, The, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Injuries From Electronic Power Sources, Charles H. Grace, Sheila M. Kahoe
Injuries From Electronic Power Sources, Charles H. Grace, Sheila M. Kahoe
Cleveland State Law Review
In order to understand how the existing products liability law applies to electronic products, it is necessary to examine the methods by which such products are distributed, and the manufacturers' attitude toward the inclusion of safety devices in the production of these products. The four characteristics of electronic products that most affect their legal treatment will be identified and discussed, and the three principal theories most often used for the prosecution of products liability cases will be described herein, with emphasis on the features most likely to be involved in electronic cases.
Parking Lots And Personal Injuries, Theodore V. Boyd
Parking Lots And Personal Injuries, Theodore V. Boyd
Cleveland State Law Review
When a negligent injury occurs as a result of an encounter with obstacles in a parking lot, the question presented is who, if anyone, is liable for the injury. This article will examine the current state of the law pertinent to the question of liability and discuss the adequacy of that law.
Judicial Notice Of Modern Youths' Propensity For Fighting, Leona M. Hudak
Judicial Notice Of Modern Youths' Propensity For Fighting, Leona M. Hudak
Cleveland State Law Review
Fighting, which in olden times was admired as valor in youth, has become a crucial contemporary problem of international proportions-the courts have been loath to recognize this phenomenon and to depart from the comfortable refuge of stare decisis by giving redress to plaintiffs injured by the young rebels. Yet the constitutions of most, if not all, the jurisdictions of the United States ironically assure their inhabitants of a remedy for every injury.
Private Legal Action For Air Pollution, James E. Melle
Private Legal Action For Air Pollution, James E. Melle
Cleveland State Law Review
The vagueness of the concept of nuisance has resulted from the varying interpretations given it by the courts. It is still debatable whether liability for nuisance exists because of the harm done, or how the harm was created. Though there are many different purpose classifications of nuisances, this paper deals only with the basic ones-i.e., public,private, and public nuisances which are also private nuisances. What can a healthy individual do who does not live in the "neighborhood" of a polluter and yet fears that air pollution has harmful effects on his health? The air transmits the pollution, and it affects …
Book Review, C. Ellen Connally
Book Review, C. Ellen Connally
Cleveland State Law Review
Review of Robert E. Keeton, Venturing to do Justice, Harvard University Press, 1969
Governmental Liability For Inadequate Traffic Sign, Robert C. Egger
Governmental Liability For Inadequate Traffic Sign, Robert C. Egger
Cleveland State Law Review
Because the gratuitous rider situation, and others, provide a need fora clear rule as to the standard of care required of a governmental agency with regard to highway signing and because the results of present cases seem to be at great variance, this paper is presented as an attempt to set forth and clarify the existing standards and to propose a practical rule for uniform adoption. Thus, the material below is confined to a study of only the standard by which the adequacy of highway signing is measured in determining the liability of a governmental agency upon an allegation naming …
Liability Of Engineer For Defective Design, Emil F. Sos Jr.
Liability Of Engineer For Defective Design, Emil F. Sos Jr.
Cleveland State Law Review
The practice of "Professional Engineering" in the United States is governed by licensing statutes in all fifty states and the District of Columbia. Liability for incompetency is only indirectly affected by these statutes. The statutes do have an effect on the contractual relationships of the engineer and most states make a violation of the licensing sections a misdemeanor, punishable by fine and/or imprisonment.
Torts On Boats And Yachts, Jeffrey A. Rich
Torts On Boats And Yachts, Jeffrey A. Rich
Cleveland State Law Review
Summer is here, and boaters eagerly sail or drive their gems-of-the ocean in summer fun. To the lawyer, the boating season means personal injury cases of a special, and possibly, unfamiliar nature. Torts on yachts usually fall within United States admiralty law jurisdiction. We shall sketch the applicable law-for those who read as they run (over the waves).
Product Liability And The Pill, Joyce Barrett
Product Liability And The Pill, Joyce Barrett
Cleveland State Law Review
The Pill has been on the market now for ten years and has been inwide use for five. Only within the last year, however, have widespread reports of the adverse effects associated with the Pill been publicized. While the Pill manufacturers may be aiding society by providing a convenient and effective method of checking the overpopulation problem, they are also handsomely profiting from Pill sales. Thus, the burden of compensating those injured by oral contraceptives should properly fall on the manufacturers and be treated as a cost of production. This, in turn, should prompt the manufacturers to initiate more ambitious …
Negligence—Personal Injury—General Release Subject To Rescission Where Parties Are Mistaken About The Extent And Existence Of Plaintiff's Injuries, Victor Oliveri
Buffalo Law Review
Mangini v. McClurg, 24 N.Y.2d 556 (1969).
Liability Of Landlord For Personal Injury Due To Inadequate Or Lack Of Lighting In Common Areas
Liability Of Landlord For Personal Injury Due To Inadequate Or Lack Of Lighting In Common Areas
University of Richmond Law Review
When a landlord leases a part of the premises to individual tenants, as in an apartment building, he necessarily retains control over areas used in common and must exercise ordinary care to keep these areas in a reasonably safe condition.' This duty arises because common areas are part of the estate reserved by the landlord for the use and benefit of all the tenants. The responsibility of the lessor extends to the lessee, members of the lessee's family, and all persons on the premises at the invitation of the lessee, whether the invitation be express or implied.
Medical Demonstrative Evidence, Albert Averbach
Medical Demonstrative Evidence, Albert Averbach
Kentucky Law Journal
No abstract provided.
Psychotherapeutic Treatment And Malpractice, David B. Saxe
Psychotherapeutic Treatment And Malpractice, David B. Saxe
Kentucky Law Journal
No abstract provided.
Torts--Negligence--Exculpatory Clause, Bruce Montgomery Reynolds
Torts--Negligence--Exculpatory Clause, Bruce Montgomery Reynolds
Kentucky Law Journal
No abstract provided.
Torts--Parent And Child Immunity--Suit Against Parent's Estate, Thomas L. Osborne
Torts--Parent And Child Immunity--Suit Against Parent's Estate, Thomas L. Osborne
Kentucky Law Journal
No abstract provided.
A Century Of Tort Immunities In Virginia, James A. Eichner
A Century Of Tort Immunities In Virginia, James A. Eichner
University of Richmond Law Review
Since the earliest days of tort litigation, the Virginia Supreme Court of Appeals, like the courts of its sister states, has been committed to the general view that legal responsibility follows negligence, and that the master is liable for his servants' torts committed within the scope of their employment. However, several years before the found- ing of the T. C. Williams School of Law, the Virginia court, in its landmark decision respecting governmental tort immunity, laid down a decision which has led to the creation of a number of tort immunities which it has never sought to justify on grounds …
Caveat Emptor To Strict Liability: One Hundred Years Of Products Liability Law, Emanuel Emroch
Caveat Emptor To Strict Liability: One Hundred Years Of Products Liability Law, Emanuel Emroch
University of Richmond Law Review
The development of the law of products liability is historically related to industrial growth, business and economic expansion, and the growing demand over the years for consumer protection. As the industrial system has come of age and man has begun to make excursions into outer space, the ancient principle of caveat emptor-"let the buyer beware" has been significantly changed in favor of the consumer. As we emerged from the ancient mercantile society, where the seller and buyer usually met and bargained, to an impersonal market characterized by corporate organization, industrial and technological advancement and complexity, and sophisticated marketing and finance, …
Books Received
University of Richmond Law Review
These are the books received by the Law School in 1970.
Parental Immunity- Its Effect On Vicarious Liability
Parental Immunity- Its Effect On Vicarious Liability
University of Richmond Law Review
Parental immunity prohibits a child from instituting a suit against his parent for a personal tort. However, when a child has sustained injury as a result of his parent's tortious act committed in the course of his employment, and the child seeks recovery against his parent's employer under the doctrine of respondeat superior, the majority of jurisdictions feel that this immunity is purely personal and should not be extended to the employer.
The Theory Of Economic Policy And The Law Of Torts, Robert L. Birmingham
The Theory Of Economic Policy And The Law Of Torts, Robert L. Birmingham
Articles by Maurer Faculty
No abstract provided.
Recent Decisions
University of Richmond Law Review
This is a summary of the case law that was decided in 1970.
Recent Legislation
University of Richmond Law Review
This is a list of the recent legislation from 1970.
The Doctrine Of Charitable Immunity Does Not Bar The Suit Of A Paying Patient Seeking To Recover Damages Sustained As A Result Of Negligence On The Part Of An Agent, Servant Or Employee Of A Charitable Hospital., Sidney Gibson
St. Mary's Law Journal
Southern Methodist University v. Clayton limited and clarified the scope of the charitable immunity doctrine in Texas, making it the leading opinion on the doctrine’s scope as of 1943. Clayton held charitable organization are liable to an employee for injuries proximately caused by the negligence of its agents but not liable to others in absence of proof of negligence on part of charity in employing or keeping the agent. Clayton’s progenies subsequently added two refinements: a charity is liable to an injured party, if, through negligence, improper equipment for treatment or service is used and causes an injury; and the …
Expert Medical Testimony In Texas., Zollie Steakley
Expert Medical Testimony In Texas., Zollie Steakley
St. Mary's Law Journal
An ordinary function of the jury in our legal system is to determine questions of fact. Although issues are less difficult when common knowledge and lay judgment are adequate, the field of medicine is an area in which the jury may be assisted by expert testimony. Courts allow the admission of expert medical testimony to assist jurors to show important aspects of a case, including physical condition, the cause of injury, the effect and probable future consequences of an injury or disease, and the cause of death. However, such testimonies are not binding upon the trier of fact unless they …