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Articles 8731 - 8760 of 9012
Full-Text Articles in Law
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Agency In Malpractice Cases: Funk V. Bohnam, Walter E. Treanor
Agency In Malpractice Cases: Funk V. Bohnam, Walter E. Treanor
Indiana Law Journal
No abstract provided.
Tort Liability Of A Landlord, Raymond Harrison Harkrider
Tort Liability Of A Landlord, Raymond Harrison Harkrider
Michigan Law Review
The discussion thus far has dealt with the tort liability of a landlord for failing to perform some duty owed by him to persons upon the demised premises. There remains to be considered the tort liability of a landlord who fails to perform some duty owed by him to persons not upon the demised premises. The majority of the people composing this class are users of property adjoining that of the landlord. The cases dealing with the landlord's duties to persons upon the demised premises should always be distinguished from those dealing with his duties to persons using adjoining property. …
Torts-Imputed Negligence-Common Enterprise
Torts-Imputed Negligence-Common Enterprise
Michigan Law Review
The Supreme Court of Iowa has recently held that a family group engaged in a pleasure ride was a "common enterprise which no one had any particular right to control" and negligence on the part of the driver might be imputed to the other occupants of the car, barring recovery for an injury caused by the concurring negligence of the driver and the defendant. This, to say the least, is an expansion of the generally accepted doctrine of imputed negligence in America.
Surgeon's Liability For Operation Without The Patient's Consent
Surgeon's Liability For Operation Without The Patient's Consent
Michigan Law Review
Under the maxim volenti non fit injuria, a surgeon may inflict upon the body of his patient what otherwise would amount to a technical battery. The consent of the patient justifies the application of force to his person. Zoterell v. Repp, 187 Mich. 319, 153 N.W. 692; Robinson v. Crotwell, 175 Ala. 194, 57 So. 23; King v. Carney, 85 Okla. 62, 204 Pac. 270; POLLOCK, TORTS, 159; BURDICK, LAW OF TORTS, 110; TORTS, RESTATEMENT No. 1, Sec. 66. A generally accepted limitation to this doctrine is that consent to the commission of an unlawful act …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Tort Liability Of A Landlord, Raymond Harrison Harkrider
Tort Liability Of A Landlord, Raymond Harrison Harkrider
Michigan Law Review
At Common Law. According to the rules of the common law a landlord is under no legal duty to repair the demised premises during the term unless he expressly agrees to do so. It therefore may be stated, as a general rule, that he is liable neither to the tenant nor to the tenant's invitees for injuries caused by the premises falling into a state of disrepair during the term.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Tort Liability Of A Landlord, Raymond Harrison Harkrider
Tort Liability Of A Landlord, Raymond Harrison Harkrider
Michigan Law Review
When a landowner leases his property to a tenant he looks upon the transaction as purely a business matter. He is seldom aware, perhaps, of the duties resting upon him, the breach of which may subject him to an action in tort. The relation created is one of the most common known to our law and gives rise to a multitude of problems. The courts in their business-like manner treat the law as well settled, and decide the cases as they are presented with very little discussion of the true principles involved. Legal scholars have discussed very little the tort …
Contractual Limitation Of Liability By The So-Called "Massachusetts Trust," Under The Indiana Law, Robert C. Brown
Contractual Limitation Of Liability By The So-Called "Massachusetts Trust," Under The Indiana Law, Robert C. Brown
Indiana Law Journal
No abstract provided.
Liability Of Landowner To Pedestrians-Negligence-Independent Contractor
Liability Of Landowner To Pedestrians-Negligence-Independent Contractor
Michigan Law Review
Two recent cases present interesting situations involving the liability of a landowner for injuries to pedestrians occasioned by falling street signs.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Effect Of The Doctrine Of Res Ipsa Loquitur, Fowler V. Harper, Fred E. Heckel
Effect Of The Doctrine Of Res Ipsa Loquitur, Fowler V. Harper, Fred E. Heckel
Articles by Maurer Faculty
No abstract provided.
Torts--Negligence--Degrees Of, Arlos Jackson Harbert
Torts--Negligence--Degrees Of, Arlos Jackson Harbert
West Virginia Law Review
No abstract provided.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Attachment In Tort Actions In Indiana, William R. Ringer
Attachment In Tort Actions In Indiana, William R. Ringer
Indiana Law Journal
No abstract provided.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Res Judicata As Between Joint Tort-Feasors, George D. Lantz
Res Judicata As Between Joint Tort-Feasors, George D. Lantz
Washington Law Review
In Snyder v. Marken, a negligence action between automobile owners growing out of a collision which resulted in injuries to a third person as well as to the plaintiffs, a judgment in the action by the third person was held unavailable as a defense, upon the ground that parties to a judgment are not bound by it in subsequent controversies between each other unless they were adversaries in the other action wherein the judgment was entered, that is, unless there were issues as between the co-defendants in that action.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Early Liability Of A Bailee, Norman F. Arterburn
The Early Liability Of A Bailee, Norman F. Arterburn
Michigan Law Review
All discussion of the origin of the absolute liability of a common carrier of goods naturally harks back to the earliest conception of a bailment and its related remedies. We have had two diametrically opposed views urged as to the first liability of the ordinary bailee. Justice Holmes and numerous other authorities take the view that the liability in the' first instance was absolute in the case of all bailees. Professor Beale is the exponent of the opposing view, that such liability was qualified to such an extent that it amounted in fact, only to negligence liability. An interpretation of …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Voluntary Exposure To Unnecessary Danger In Sports And Pastimes, W. Lewis Roberts
Voluntary Exposure To Unnecessary Danger In Sports And Pastimes, W. Lewis Roberts
Kentucky Law Journal
No abstract provided.
Liability Of A Ball Club To A Spectator, George Ragland Jr.
Liability Of A Ball Club To A Spectator, George Ragland Jr.
Kentucky Law Journal
No abstract provided.
In The Hope Of A New Birth Of The One Form Of Action, Charles M. Hepburn
In The Hope Of A New Birth Of The One Form Of Action, Charles M. Hepburn
Articles by Maurer Faculty
No abstract provided.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The "But For" Rule In Washington, Gerald Arthur De Garmo
The "But For" Rule In Washington, Gerald Arthur De Garmo
Washington Law Review
The question of proximate cause is one which is of vital importance in determining where the liability for an act or omission shall fall. For this reason certain attempts have been made to set forth rules which should determine whether an act was the proximate cause of a particular result. The so-called "But For" rule for determining proximate cause is an outgrowth of this class of litigation and has been the cause of several interesting and apparently none too well reasoned cases, of which the famous "Bear Case" or Gilman v. Noyes is perhaps the best known. The true "But …
Cases On Equity, By Walter Wheeler Cook (1926), C. M. Bishop
Cases On Equity, By Walter Wheeler Cook (1926), C. M. Bishop
Washington Law Review
No abstract provided.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Equity--Specific Performance--Mutuality Of Remedy, E. H. Y.
Equity--Specific Performance--Mutuality Of Remedy, E. H. Y.
West Virginia Law Review
No abstract provided.