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Articles 1 - 9 of 9
Full-Text Articles in Law
Is Privity Dead? Should It Be?, David F. Tavella
Is Privity Dead? Should It Be?, David F. Tavella
David F. Tavella
Privity, a concept that is over 150 years old, may have worked well in the 19th Century, seems outdated in a time national accounting firms and law firms. In the 19th and early 20th Centuries, when a person may have gone to an agent, accountant, or other service provider for advice, there was no thought that the advice would be distributed to potentially millions of people with the possibility of billions of dollars in losses for negligent performance. Today, this is common in the accounting and insurance industries. The question is whether a concept, even one firmly rooted in American …
Advice And Consent For Federal Judges: A New Alternative Based On Contract Law, David F. Tavella, Anne Marie Tavella
Advice And Consent For Federal Judges: A New Alternative Based On Contract Law, David F. Tavella, Anne Marie Tavella
David F. Tavella
There is a serious problem regarding the amount of vacancies in the Federal Courts. This article takes a contract law approach to the Advise and Consent Clause of the Constitution, arguing that the implied terms of the Constitution may require the Senate to act on a nominee within a reasonable time. The article also offers a proposal wherein, if the President accepts “advice” from the Senate through one of the Senators of a state that has an open seat, the Senate would be required to timely vote on the nomination.
Is Privity Dead?, David F. Tavella
Is Privity Dead?, David F. Tavella
David F. Tavella
Privity, a concept that is over 150 years old, may have worked well in the 19th Century, seems outdated in a time national accounting firms and law firms. In the 19th and early 20th Centuries, when a person may have gone to an agent, accountant, or other service provider for advice, there was no thought that the advice would be distributed to potentially millions of people with the possibility of billions of dollars in losses for negligent performance. Today, this is common in the accounting and insurance industries. The question is whether a concept, even one firmly rooted in American …
Consent To Settle? A New Twist In The Tr-Partite Relationship, David F. Tavella
Consent To Settle? A New Twist In The Tr-Partite Relationship, David F. Tavella
David F. Tavella
CONSENT TO SETTLE? A NEW TWIST IN THE TRI-PARTITE RELATIONSHIP BY DAVID F. TAVELLA Abstract This article examines the ethical obligations of defense counsel retained by a party’s insurance company regarding settlement of a case. The article examines the traditional relationship between an insured and retained defense counsel. the article next examines some alternative theories to describe the relationship, and the duties and obligation with each theory. The article next looks at the relationship between the insurer and insured, particularly the insurer’s ability to settle a case without the insured’s consent. The article next discusses defense counsel’s obligation under the …
Duty Of Care To Spectators At Sporting Events: A Unified Theory, David F. Tavella
Duty Of Care To Spectators At Sporting Events: A Unified Theory, David F. Tavella
David F. Tavella
This article examines the duty of care owed by field owners and event organizers to spectators at sporting events. The article examines the traditional reverence courts have afforded baseball in American law. The article next examines the three theories to determine whether the owner/operator in liable to an injured spectator: Negligence; Limited Duty Rule; Assumption of the Risk. The article argues that a unified theory combining elements of each theory works best in determining the duty owed to a spectator, and potential liability for breach of the duty.
Consnet To Settle? A New Twist In The Tri-Partite Relationship, David F. Tavella
Consnet To Settle? A New Twist In The Tri-Partite Relationship, David F. Tavella
David F. Tavella
CONSENT TO SETTLE? A NEW TWIST IN THE TRI-PARTITE RELATIONSHIP BY DAVID F. TAVELLA Abstract This article examines the ethical obligations of defense counsel retained by a party’s insurance company regarding settlement of a case. The article examines the traditional relationship between an insured and retained defense counsel. the article next examines some alternative theories to describe the relationship, and the duties and obligation with each theory. The article next looks at the relationship between the insurer and insured, particularly the insurer’s ability to settle a case without the insured’s consent. The article next discusses defense counsel’s obligation under the …
Duty Of Care To Spectators At Sporting Events, David F. Tavella
Duty Of Care To Spectators At Sporting Events, David F. Tavella
David F. Tavella
This article examines the duty of care owed by field owners and event organizers to spectators at sporting events. The article examines the traditional reverence courts have afforded baseball in American law. The article next examines the three theories to determine whether the owner/operator in liable to an injured spectator: Negligence; Limited Duty Rule; Assumption of the Risk. The article argues that a unified theory combining elements of each theory works best in determining the duty owed to a spectator, and potential liability for breach of the duty.
Are Insurance Policies Still Contracts, David F. Tavella
Are Insurance Policies Still Contracts, David F. Tavella
David F. Tavella
This article examines whether courts still treat insurance policies as contracts. Since the inception of insurance, policies have been deemed contracts, and general principles of contract interpretation have been used to interpret policies. However, more and more courts are abandoning contract principles when interpreting insurance policies, particularly using parol evidence to determine whether a policy provision is ambiguous, or even using parol evidence to interpret the meaning of unambiguous policy terms. My conclusion is that insurance policies, while still generally considered “contracts,” are treated differently then other contracts, and in reality are not seen as true contracts.
Rethinking The Principles Of Duty And Privity For Contractual Liability In The 21st Century, David F. Tavella
Rethinking The Principles Of Duty And Privity For Contractual Liability In The 21st Century, David F. Tavella
David F. Tavella
This article examines the concept of duty owed by a contracting party to a third party. The article places particular emphasis on five opinions of Judge Benjamin Cardozo while he was on the New York Court of Appeals dealing with negligence in general, and the duty of care owed to another in particular. The article concludes that a single duty of care is appropriate for all negligence cases, and justifies this conclusion with specific reference to the Cardozo opinions.