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Articles 1 - 17 of 17
Full-Text Articles in Law
Torts, Frederick J. Moreau
Survey: Woman And California Law, Amy C. Hirschkron, Michele M. Feher, Te Jung Chang
Survey: Woman And California Law, Amy C. Hirschkron, Michele M. Feher, Te Jung Chang
Golden Gate University Law Review
This survey of California, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.
Liability Of Bias: A Comparative Study Of Gender-Related Interests In Negligence Law, Yifat Bitton
Liability Of Bias: A Comparative Study Of Gender-Related Interests In Negligence Law, Yifat Bitton
Annual Survey of International & Comparative Law
This article examines a feminist argument concerning the gendered structure of tort law in which interests that can be identified as gendered are subject to different levels of recognition resulting from gender bias. Using a comparative methodology, the article contends that negligence law regarding pure-economic loss and indirect-emotional harm is constructed along lines of gender bias. The argument is underlined by the notion of gender-related interests, establishing pure-economic loss as male-related and indirect-emotional harm as female-related. On its first comparative analysis, the similarities and differences between these two harms as perceived by tort conventions and principles should have yielded leverage …
Tarasoff V. Regents Of The University Of California: Psychotherapists, Policemen And The Duty To Warn - An Unreasonable Extension Of The Common Law?, Robert B. Kaplan
Tarasoff V. Regents Of The University Of California: Psychotherapists, Policemen And The Duty To Warn - An Unreasonable Extension Of The Common Law?, Robert B. Kaplan
Golden Gate University Law Review
No abstract provided.
Creating Vs Disclosing Defective Conditions In Property: Lewis V Chevron, 2004, Roger Bernhardt
Creating Vs Disclosing Defective Conditions In Property: Lewis V Chevron, 2004, Roger Bernhardt
Publications
This article discusses a California case which held a prior owner not liable for injuries caused by a defective condition on real property after ownership was relinquished, even if the prior owner negligently created the condition.
Landlord Liability For Assaults On Tenants: Saelzler V Advanced Group, 2001, Roger Bernhardt
Landlord Liability For Assaults On Tenants: Saelzler V Advanced Group, 2001, Roger Bernhardt
Publications
This article discusses a California case which held an assault victim had failed to prove that lack of security at an apartment building resulted in entry of assailants and proximately caused her assault.
Alarid V. Vanier [Dissent], Jesse W. Carter
Alarid V. Vanier [Dissent], Jesse W. Carter
Jesse Carter Opinions
Although a driver rear-ended another car, there was sufficient evidence for a jury to conclude that the driver took reasonable steps to maintain his brakes, and therefore the driver was able to overcome the statutory presumption of negligence.
Dow V. Holly Mfg. Co., Jesse W. Carter
Dow V. Holly Mfg. Co., Jesse W. Carter
Jesse Carter Opinions
A general contractor was liable for the negligent installation of a defective gas heater by one of its subcontractors, which caused the death of members of a family residing in the home.
Ambriz V. Petrolane, Ltd., Jesse W. Carter
Ambriz V. Petrolane, Ltd., Jesse W. Carter
Jesse Carter Opinions
Parents' wrongful death judgments for deaths of their children due to an explosion in their home was upheld against a gas distributor who was liable for independent contractors it employed to deliver the gas, an abnormally dangerous activity.
Leonard V. Watsonville Community Hospital [Dissent], Jesse W. Carter
Leonard V. Watsonville Community Hospital [Dissent], Jesse W. Carter
Jesse Carter Opinions
Grant of nonsuit as to doctor was proper because the testimony of patient's adverse parties was clear and uncontradicted to effect he was not responsible for leaving clamp in patient's abdomen and there was no rational ground to disbelieve testimony.
Tucker V. Lombardo [Dissent], Jesse W. Carter
Tucker V. Lombardo [Dissent], Jesse W. Carter
Jesse Carter Opinions
No prejudicial error existed when the jury instructions correctly informed the jury about the shooter's degree of care in firing a gun on a skeet range and informed the jury about contributory negligence and assumption of the risk.
Danner V. Atkins [Dissent], Jesse W. Carter
Danner V. Atkins [Dissent], Jesse W. Carter
Jesse Carter Opinions
In a case involving a truck's unexplained collision with a building, doctrine of res ipsa loquitur did not apply as to truck driver where the truck was under the control of a mechanic rather than of the driver just before the accident.
Hudson V. Rainville [Dissent], Jesse W. Carter
Hudson V. Rainville [Dissent], Jesse W. Carter
Jesse Carter Opinions
In a pedestrian's personal injury action, the trial court properly submitted the issue of an automobile driver's negligence to the jury where the evidence presented a question of fact as to that issue.
Hilyar V. Union Ice Co., Jesse W. Carter
Hilyar V. Union Ice Co., Jesse W. Carter
Jesse Carter Opinions
Nonsuit as to driver was improper in injured minor's personal injury action because evidence was sufficient on negligence issue to permit submission to jury but nonsuit was proper as to corporation because evidence of agency was insufficient.
Jensen V. Minard [Dissent], Jesse W. Carter
Jensen V. Minard [Dissent], Jesse W. Carter
Jesse Carter Opinions
The trial court erred in giving certain instructions requested by defendant because the jury should not have been foreclosed from considering evidence provided by the happening of the accident itself in determining whether defendant was negligent.
Saporito V. Purex Corp. [Dissent], Jesse W. Carter
Saporito V. Purex Corp. [Dissent], Jesse W. Carter
Jesse Carter Opinions
The evidence supported the finding that a manufacturer was liable in negligence to party who was injured when a glass bottle of a bleaching solution prepared and bottled by the manufacturer burst in her hands.
Rodabaugh V. Tekus [Dissent], Jesse W. Carter
Rodabaugh V. Tekus [Dissent], Jesse W. Carter
Jesse Carter Opinions
The doctrine of last clear chance rarely applied in cases involving high speed collisions between vehicles because it was extremely difficult to determine which party, if any, had a meaningful last clear chance to avoid an accident.