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The University of Akron

2015

Liability

Articles 1 - 4 of 4

Full-Text Articles in Law

The Operator's Liability With Regard To Transport Of Goods By Space Shuttle, I.H. Ph. Diederiks-Verschoor Jul 2015

The Operator's Liability With Regard To Transport Of Goods By Space Shuttle, I.H. Ph. Diederiks-Verschoor

Akron Law Review

The Convention on International Liability for Damage Caused by Space Object3 covers only the damage caused to third parties and objects in space. A parallel to the Warsaw Convention of 1929 which regulates the liability of air carriers for injury to transported passengers, luggage and goods, and also for delay in delivery, has not been established in space law. Until now there was no need for such a Convention. With the development of the transportation of goods in space, however, legal rules governing this liability will become desirable, if not necessary.


Uncrashworthy Aircraft And The Manufacturer's Liability, Robert Kent Jul 2015

Uncrashworthy Aircraft And The Manufacturer's Liability, Robert Kent

Akron Law Review

The concept of crashworthiness has now been accepted by a resounding majority of states if not all states. Although widely used since Larsen in automobile crash cases, crashworthiness has only recently been successfully applied to the aircraft. Perhaps this foreshadows the future. The automobile differs only slightly from the helicopter and the airplane. All are products; all are accepted modes of transportation; and all may be designed to be reasonably safe. The doctrine of crashworthiness has been so widely accepted with respect to the automobile that the time has now arrived for the doctrine to be accepted in the field …


Liability For Insider Trading: Expansion Of Liability In Rule 10b-5 Cases, Arthur J. Marinelli Jul 2015

Liability For Insider Trading: Expansion Of Liability In Rule 10b-5 Cases, Arthur J. Marinelli

Akron Law Review

This article will examine the recent litigation developments of Section 10 and Rule 10-b in Carpenter v. United States and in Basic, Inc. v. Levinson. The origins and developments of the misappropriation theory and the application of the mail fraud statutes as applied to Section 10 will also be discussed. Finally, the duty of disclosure and the timing of disclosure of merger negotiations, along with the fraud-on-the-market theory of civil liability under Rule 10b-5, will be explored in the context of the Basic case.


Distinguishing The Concept Of Strict Liability For Ultra-Hazardous Activities From Strict Products Liability Under Section 402a Of The Restatement (Second) Of Torts: Two Parallel Lines Of Reasoning That Should Never Meet, Charles E. Cantu Jul 2015

Distinguishing The Concept Of Strict Liability For Ultra-Hazardous Activities From Strict Products Liability Under Section 402a Of The Restatement (Second) Of Torts: Two Parallel Lines Of Reasoning That Should Never Meet, Charles E. Cantu

Akron Law Review

The cornerstone of tort law in our Anglo-American system of jurisprudence is based upon three generally accepted principles. The first is that by awarding any individual monetary damages after their injury, we can make them whole, and the second is the concept of the reasonable prudent person. The third, and the focal point of this article, is that liability is imposed, and the corresponding right to recovery is created, not because of the fact that the plaintiff is injured, but because the injury is the result of the defendant’s fault.

Fault, as each first year law student is quick to …