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Full-Text Articles in Law

Bleeding Hearts And Peeling Floors: Compensation For Economic Loss At The House Of Lords, David S. Cohen Jan 1984

Bleeding Hearts And Peeling Floors: Compensation For Economic Loss At The House Of Lords, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

The decision of the House of Lords in Junior Books Ltd. v. Veitchi Ltd. represents an unwarranted development in the law of tort and contract, unless its rationale and limitations are fully appreciated. This reform in such an important area is premature "in the absence of hard data on the probable impact of such an extension of liability.” Much of the published commentary on recovery of economic loss in tort, and on this decision in particular, has been written from the ex post perspective of accident compensation doctrine and theory. Most writers have been concerned with the development of positive …


Torts, Ralph Michael Stein Jan 1984

Torts, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

Tort law remains the most exciting and challenging area of private law to teach and practice. Tort law reflects, sometimes elegantly, often crudely, the evolving standards of civil conduct. New York courts last year were, as usual, confronted with litigants seeking to broaden the scope of duty and expand the range of damages. Most decisions conservatively preserved the legal status quo, some ventured forth intellectually. Most of the decisions were sound, but a few cases were wrongly decided.