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Selected Works

2010

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Oscar S. Gray

Torts

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Articles 1 - 6 of 6

Full-Text Articles in Law

Reflections On The Historical Context Of Section 402a, Oscar S. Gray Mar 2010

Reflections On The Historical Context Of Section 402a, Oscar S. Gray

Oscar S. Gray

No abstract provided.


Some Thoughts On "The Economic Loss Rule" And Apportionment, Oscar S. Gray Mar 2010

Some Thoughts On "The Economic Loss Rule" And Apportionment, Oscar S. Gray

Oscar S. Gray

This paper illustrates the process of comments upon and revisions to Restatement drafts, based on successive drafts of the proposed Restatement Third of Torts: Liability for Economic Loss.


Commentary [On Negligent Infliction Of Emotional Distress], Oscar S. Gray Mar 2010

Commentary [On Negligent Infliction Of Emotional Distress], Oscar S. Gray

Oscar S. Gray

These comments question the terminology used in the Third Restatement of Torts for psychological effects, partially on the ground of obsolescence in light of developments in the neurosciences. Instead of the distinction emphasized in the Third Restatement between “physical harm” and “emotional disturbance” (or “distress”), they suggest a distinction between “harm” that constitutes an impairment of functionality, which would be treated as a free-standing basis for liability, like conventional diseases or injuries, and “mere feelings”, which would continue to be compensable in negligence only parasitically. Similarly, the interest protected should be regarded not as an interest in freedom from “disturbance” …


The Draft Ali Product Liability Proposals: Progress Or Anachronism?, Oscar S. Gray Mar 2010

The Draft Ali Product Liability Proposals: Progress Or Anachronism?, Oscar S. Gray

Oscar S. Gray

No abstract provided.


Misrepresentation - Part Ii, Fleming James, Oscar S. Gray Mar 2010

Misrepresentation - Part Ii, Fleming James, Oscar S. Gray

Oscar S. Gray

No abstract provided.


On Sugarman On Tort-Chopping, Oscar S. Gray Mar 2010

On Sugarman On Tort-Chopping, Oscar S. Gray

Oscar S. Gray

No abstract provided.