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Selected Works

2014

Torts

Articles 1 - 3 of 3

Full-Text Articles in Law

In Mourning Of Bereavement Damages, Iain Field Dec 2014

In Mourning Of Bereavement Damages, Iain Field

Iain Field

In most Australian jurisdictions, bereavement is not compensable in an action for wrongful death. Unless such loss can be shown to amount to a recognised psychiatric injury, it is also precluded from recovery in the law of negligence. But why must a plaintiff demonstrate some reaction to the death of a loved one that transcends mere grief before the civil law will compensate his or her loss? Are Australian jurisdictions unusual in precluding such awards, and can this exclusion be rationalised with the compensation of non-pecuniary loss (including bereavement) in other areas of the law?


Tort Law: The American And Louisiana Perspectives, William Corbett, Frank Maraist, John Church Feb 2014

Tort Law: The American And Louisiana Perspectives, William Corbett, Frank Maraist, John Church

William R. Corbett

Tort Law: The American and Louisiana Perspectives, Second Edition has as its primary objective a study of tort law in the United States and Louisiana. It differs from most other torts casebooks, however, in that it has a secondary objective of providing an exercise in comparative law. In the United States, we often overlook the fact that the common law system that prevails in our nation is not the only legal system in the world. Much of the world applies a civil law approach in which a civil code has a more prominent role than case law. In a world …


The Optimal Resolution Of Intra-Policy Um/Uim Stacking, Christopher Robinette, Jessica Smeriglio Dec 2013

The Optimal Resolution Of Intra-Policy Um/Uim Stacking, Christopher Robinette, Jessica Smeriglio

Christopher J Robinette

This article presents the uncertainty and inefficiency across the jurisdictions in intra-policy UM/UIM stacking in personal line automobile insurance policies and recommends a specific solution. Part II provides a brief description of UM/UIM coverage and stacking in general, and Part III delves into the complex issues surrounding UM/UIM stacking today, breaking down the factors and arguments specific to intra-policy and inter-policy stacking. Part IV discusses five general approaches states have taken towards stacking, including three different case examples specific to intra-policy stacking. Part V includes our recommendations for handling intra-policy stacking, followed by the conclusion in Part VI.