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Santa Clara Law

2012

Torts

Articles 1 - 2 of 2

Full-Text Articles in Law

Who Shot Charles Summers?, Kyle Graham Jul 2012

Who Shot Charles Summers?, Kyle Graham

Faculty Publications

This short piece ties up a loose end from the somewhat famous Torts case of Summers v. Tice. In it, St. Peter considers who, as between Harold Tice and Ernest Simonson, actually shot Charles Summers.


Of Frightened Horses And Autonomous Vehicles: Tort Law And Its Assimilation Of Innovations, Kyle Graham Feb 2012

Of Frightened Horses And Autonomous Vehicles: Tort Law And Its Assimilation Of Innovations, Kyle Graham

Faculty Publications

This symposium contribution considers five recurring themes in the application of tort law to new technologies. First, the initial batch of cases presented to courts may be atypical of later lawsuits that implicate the innovation, yet relate rules with surprising persistence. Second, these cases may be identified, and resolved, by reference to analogies that rely on similarities in form, and which do not wear well over time. Third, it may be difficult to isolate the unreasonable risks generated by an innovation from the benefits it is perceived to offer. Fourth, potential claims by early adopters of the technology may be …