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Articles 7531 - 7560 of 9019
Full-Text Articles in Law
Torts—Violation Of Local Traffic Ordinance—Evidence Of Negligence, Edwin Yeager
Torts—Violation Of Local Traffic Ordinance—Evidence Of Negligence, Edwin Yeager
Buffalo Law Review
Taggert v. Vogel, 3 N.Y.2d 58, 163 N.Y.S.2d 674 (1957).
Torts—Interference With At Will Contracts—Cause Of Action Allowed, James Magavern
Torts—Interference With At Will Contracts—Cause Of Action Allowed, James Magavern
Buffalo Law Review
A. S. Rampell, Inc. v. Hyster Co., 3 N.Y.2d 369, 165 N.Y.S.2d 475 (1957).
Torts—Tortfeasors In Pari Delicto—No Indemnification, Glenn Morton
Torts—Tortfeasors In Pari Delicto—No Indemnification, Glenn Morton
Buffalo Law Review
Harrington v. 615 West Corp, Harrington v. 615 West Corp., 2 N.Y.2d 476, 161 N.Y.S.2d 106 (1957).
Torts—Right Of Indemnification, Joel Brownstein
Torts—Right Of Indemnification, Joel Brownstein
Buffalo Law Review
Burke v. City of New York, 2 N.Y.2d 90, 157 N.Y.S.2d 1 (1956).
Torts—Macpherson V. Buick—Applicable To Real Property, Thomas Rosinski
Torts—Macpherson V. Buick—Applicable To Real Property, Thomas Rosinski
Buffalo Law Review
Inman v. Binghamton Housing Authority, 3 N.Y.2d 137, 164 N.Y.S.2d 699 (1957).
Torts—Admissibility Of Evidence Of Religious Faith In Libel Action, James Magavern
Torts—Admissibility Of Evidence Of Religious Faith In Libel Action, James Magavern
Buffalo Law Review
Toomey v. Farley, 2 N.Y.2d 71, 156 N.Y.S.2d 84 (1956).
Intentional Torts And The Restatement: A Petition For Rehearing, Philip Halpern
Intentional Torts And The Restatement: A Petition For Rehearing, Philip Halpern
Buffalo Law Review
No abstract provided.
Torts—Negligence—Incidental Injuries, Diane Gaylord
Torts—Negligence—Incidental Injuries, Diane Gaylord
Buffalo Law Review
Zipprich v. Smith Trucking Company, 2 N.Y.2d 177, 157 N.Y.S.2d 966 (1956).
Torts—Admissibility Of Evidence Of Adverse Reaction In Aid Of General Damages In Libel Action, James Magavern
Torts—Admissibility Of Evidence Of Adverse Reaction In Aid Of General Damages In Libel Action, James Magavern
Buffalo Law Review
Macy v. New York World-Telegram Corp., 1 A.D.2d 652, 147 N.Y.S.2d 677 (1955).
Torts—Duty To Provide Safe Equipment, Harold M. Halpern
Torts—Duty To Provide Safe Equipment, Harold M. Halpern
Buffalo Law Review
Klutz v. Citron, 2 N.Y.2d 379, 161 N.Y.S.2d 26 (1957).
Torts—Recovery Of Illegal Receipts, Glenn Morton
Torts—Recovery Of Illegal Receipts, Glenn Morton
Buffalo Law Review
Carr v. Hoy, 2 N.Y.2d 185, 158 N.Y.S.2d 572 (1957).
Torts—Negligence—Question Of Fact, Buffalo Law Review
Torts—Negligence—Question Of Fact, Buffalo Law Review
Buffalo Law Review
Levine v. City of New York, 2 N.Y.2d 246, 159 N.Y.S.2d 193 (1957).
The "Discretionary-Function" Exception Of The Federal Tort Claims Act: Some Reflections On Sovereign Immunity, Robert C. Vaughan
The "Discretionary-Function" Exception Of The Federal Tort Claims Act: Some Reflections On Sovereign Immunity, Robert C. Vaughan
William & Mary Law Review
No abstract provided.
Modern Liability Of Innkeepers Under Virginia Statute, Kenneth H. Lambert
Modern Liability Of Innkeepers Under Virginia Statute, Kenneth H. Lambert
William & Mary Law Review
No abstract provided.
Torts, John W. Richards
Torts -- 1957 Tennessee Survey, John W. Wade
Torts -- 1957 Tennessee Survey, John W. Wade
Vanderbilt Law Review
One who performs an act is ordinarily under a duty to act carefully.When the defendant has acted there is seldom a problem regarding the duty to use care. But when the defendant has failed to act the question of duty raises a substantial problem.' The rule is stated that there is no duty to act, but the exceptions are many. One arises when there is a particular relationship between the parties; another, when the defendant had commenced to act. Both exceptions are involved in Union Carbide & Carbon Corp. v. Stapleton.
Contracts -- 1957 Tennessee Survey, Paul J. Hartman
Contracts -- 1957 Tennessee Survey, Paul J. Hartman
Vanderbilt Law Review
Breach of contract to publish advertisement--certainty of lost anticipated profits--nominal damages: The rule of "certainty" with respect to awarding damages for a breach of contract is simply a standard requiring a reasonable degree of persuasiveness in the proof of the fact of damage and of the amount of damage.' Through the use of the standard of certainty, the court is enabled to insist that the jury must have factual data--something more than guesswork--to guide themin fixing the award. Loss of commercial profits, claimed as damages for breach of contract, has become the principal field for the application of the standard …
Malpractice And The Statute Of Limitations
Torts, Allen L. Carr
Torts, Allen L. Carr
Washington Law Review
Covers cases on res ipsa loquitur—right of control is sufficient to meet the requirement of exclusive control.
Privity; Property Damage; And Personal Injuries . . . A Re-Appraisal, Malcolm L. Edwards
Privity; Property Damage; And Personal Injuries . . . A Re-Appraisal, Malcolm L. Edwards
Washington Law Review
The responsibility of a vendor of personal property to persons other than his immediate vendee has troubled courts throughout our legal history. The primary purpose of this comment is to analyze this liability for personal injuries or property damage in an action for breach of warranty. The inquiry is strictly limited to those obligations which arise incidentally to a sale or contract to sell personal property. It does not extend to sales of realty or to those transactions which are not sales, such as service contracts and contracts of bailment. The discussion is further limited to the vendor's liability for …
Jursiprudence In The Teaching Of Torts, Thomas A. Cowan
Jursiprudence In The Teaching Of Torts, Thomas A. Cowan
Journal of Legal Education
No abstract provided.
Effect Of Exculpatory Clauses Under The Federal Tort Claims Act, John B. Thurman Jr.
Effect Of Exculpatory Clauses Under The Federal Tort Claims Act, John B. Thurman Jr.
Vanderbilt Law Review
The effect of an exculpatory clause' in a federal contract was the subject of two recent cases brought against the government under the Federal Tort Claims Act. In United States v. Kelly the subject of the contract was the sale of "edible garbage," and the contract provided that the garbage was sold "as is" and "without recourse" against the government, and that in any case where the liability of the government was established, the recovery would be limited to the contract price. In Air Transport Associates v. United States the subject of the contract was the use by plaintiff's commercial …
Torts - Recent Legislation - Parental Liability Statutes, Joseph T. De Nicola, William J. Wise, Robert C. Casad S.Ed.
Torts - Recent Legislation - Parental Liability Statutes, Joseph T. De Nicola, William J. Wise, Robert C. Casad S.Ed.
Michigan Law Review
Fourteen states now have statutes imposing vicarious liability upon parents for tortious acts of their children. These statutes, with one exception, all have been enacted within the past six years, and they present the most significant attempt to date by legislatures to control the incidence and remedy the effects of juvenile vandalism. The parental liability laws vary with respect to the ages of the children covered, and they place different pecuniary limits on the extent of the parent's liability. Coverage may extend to personal injuries as well as to property damage. All except the Louisiana statute, however, apply only to …
Pierson: The Defense Attorney And Basic Defense Tactics; Defense Law Journal, Vol.1, Marcus L. Plant
Pierson: The Defense Attorney And Basic Defense Tactics; Defense Law Journal, Vol.1, Marcus L. Plant
Michigan Law Review
A Review of The Defense Attorney and Basic Defense Tactics. By Welcome D. Pierson., DEFENSE LAW JOURNAL, vol. 1.
Corporations - Officers And Directors - Liability For Inducing A Corporation To Breach Its Contracts, William H. Leighner
Corporations - Officers And Directors - Liability For Inducing A Corporation To Breach Its Contracts, William H. Leighner
Michigan Law Review
Plaintiff real estate company brought suit against the directors of a corporation and other third persons for an alleged conspiracy to induce the corporation to breach its contract with plaintiff. The complaint alleged that the corporation had entered into an agreement whereby plaintiff was to procure a purchaser for certain premises owned by the corporation and that plaintiff had found a purchaser; that before a written offer could be obtained, the corporation contracted to sell to another broker who was to be used as a conduit to transfer title to the purchaser found by the plaintiff, and who was to …
Torts - Uniform Contribution Among Tortfeasors Act - Effect Of Release On Injured Person's Claim, Herbert A. Bernhard S.Ed.
Torts - Uniform Contribution Among Tortfeasors Act - Effect Of Release On Injured Person's Claim, Herbert A. Bernhard S.Ed.
Michigan Law Review
Plaintiffs were injured in a collision involving vehicles driven by the individual defendants Hershberger and Mong. Mong settled with each of the seven plaintiffs for varying amounts, receiving from them releases which not only discharged him from all liability but also reduced the damages recoverable against Hershberger by fifty percent. Plaintiffs then sued Hershberger, who joined Mong as an additional defendant. After verdicts were rendered against both defendants, the trial court denied Hershberger's motion to compel reduction of the verdicts so that in each of the seven instances his liability would be the lesser of (a) fifty percent of the …
Agency - Liability Of Principal For Termination Of Agents Employment, William G. Mateer S.Ed.
Agency - Liability Of Principal For Termination Of Agents Employment, William G. Mateer S.Ed.
Michigan Law Review
In the summer of 1949, appellant entered into an oral contract for an indefinite time with the appellee whereby the former was granted an exclusive wholesale distributorship of appellee's farm and garden equipment. A four-year period followed in which appellant increased the number of dealers in appellee's product from four or five in 1949 to over one hundred in 1953. In the latter part of 1952 appellant contemplated an enlargement of its facilities which would require it to enter upon a fifteen-year lease. Since the lessor desired some assurances as to the duration of appellant's franchise, appellant wrote to appellee …
Evidence - Dead Man's Statute - Interpretation Of "Transaction", Howard N. Nemerovski S.Ed.
Evidence - Dead Man's Statute - Interpretation Of "Transaction", Howard N. Nemerovski S.Ed.
Michigan Law Review
Plaintiff was a passenger in an automobile which collided with one driven by defendant's intestate. Both drivers were killed, and plaintiff sued defendant, administrator of intestate's estate, for personal injuries, alleging negligence. There were no other eye-witnesses to the collision, and the trial court, relying upon the Alabama dead man's statute, would not permit plaintiff to testify to any of the details or circumstances of the accident, or even to the fact that she had been involved in an accident with an automobile driven by the decedent. The jury found for defendant. On appeal, held, reversed. Plaintiff, passenger in …
Partnership - Partnership By Estoppel -Application To Tort Actions, Thomas Erickson S.Ed.
Partnership - Partnership By Estoppel -Application To Tort Actions, Thomas Erickson S.Ed.
Michigan Law Review
Plaintiff-motorist brought action against defendant who, it was alleged, owned a truck which was driven into the rear of the plaintiff's automobile. Defendant had arranged to take title to the truck from his son. The transfer was to be effective three days before the accident but was not in fact completed until after the accident. Defendant also had taken out insurance on the truck and had joined with his son in purchasing it and in taking out an ash-hauling license in which business the truck was used. Other trucks previously used in the business by defendant's son had been carried …
Torts - Guest Act - Negligent Conduct Of The Driver, William K. Muir Jr.
Torts - Guest Act - Negligent Conduct Of The Driver, William K. Muir Jr.
Michigan Law Review
Plaintiff was a gratuitous passenger in an automobile driven by defendant. Defendant, intending to coast to his destination, turned off the ignition, removed the key, and placed it in his pocket. The removal of the key caused the steering gear to lock, and defendant was unable to avoid a collision with a tree. Plaintiff suffered injuries and brought suit. Evidence was adduced to show that in defendant's type of automobile the steering wheel was so constructed as to lock upon removal of the key. Testimony revealed that defendant understood the general operation of the lock, but that the particular mechanism …