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Full-Text Articles in Law
Misrepresentation By Lawyers About Credentials Or Experience, Vincent R. Johnson, Shawn M. Lovorn
Misrepresentation By Lawyers About Credentials Or Experience, Vincent R. Johnson, Shawn M. Lovorn
Faculty Articles
Authorities appropriately condemn dishonesty by attorneys in the broadest terms. In moving from moral principles to legal liability, however, it is important to think carefully about when a lawyer’s conduct misleads a client in a way that is actionable. Whether liability will be imposed depends upon the nature of the misrepresentation, the status of the plaintiff, the theory of liability, and the presence of competing interests or special considerations.
Basic principles of American tort law provide useful guidance in defining the disclosure obligations of attorneys. But like tort law itself, the answers are not simple. What an attorney may, must, …
Transferred Intent In American Tort Law, Vincent R. Johnson
Transferred Intent In American Tort Law, Vincent R. Johnson
Faculty Articles
The transferred-intent doctrine is a fiction that is no longer needed by American tort law, because of the replacement of contributory negligence with comparative negligence and development in the law of negligence since the creation of the transferred-intent doctrine. In the midst of decades of tort reform, the transferred-intent fiction has survived. Though total abolition is unlikely, its use and applicability should be greatly restricted given the existence of non-fictitious avenues for equal recovery.
The transferred-intent doctrine developed when no avenue for recovery existed for plaintiffs who were contributory negligent. Since the advent of comparative negligence, however, the need for …