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Series

Negligence

Discipline
Institution
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Publication
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Articles 211 - 240 of 266

Full-Text Articles in Law

Misrepresentation - Part I, Fleming James, Oscar S. Gray Jan 1977

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

Faculty Scholarship

No abstract provided.


Informed Consent And The Investigational Use Of Medical Devices: A Comparison Of Common Law Duties With Those Imposed On Researchers Under Section 520(G) Of The Medical Device Amendments Of 1976, Thomas G. Field Jr., Dominic Piacenza Jan 1977

Informed Consent And The Investigational Use Of Medical Devices: A Comparison Of Common Law Duties With Those Imposed On Researchers Under Section 520(G) Of The Medical Device Amendments Of 1976, Thomas G. Field Jr., Dominic Piacenza

Law Faculty Scholarship

This paper will deal with with exemption granted [under the Medical Device Amendments Act of 1976] for the investigational use of devices subject to premarket testing, and more particularly, with the obligation of an investigator seeking such exemption to secure an informed consent agreement from human subjects (or their representatives) under § 520(g)(3)(D) of the Act. It will also consider the relationship between the statutory obligation and that which might be imposed by the common law of negligence.


Kentucky Law Survey: Torts, Richard C. Ausness Jan 1977

Kentucky Law Survey: Torts, Richard C. Ausness

Law Faculty Scholarly Articles

This issue of the Survey of Kentucky tort law includes recent decisions on false imprisonment, intentional infliction of emotional distress, and products liability. The first case, Consolidated Sales Co. v. Malone, held that Kentucky's shoplifter detention statute authorized a personal search of suspected shoplifters by store personnel. In the second case, Eigelbach v. Watts, the Kentucky Supreme Court adhered to its longstanding rule that physical impact was essential to an action for intentional infliction of emotional distress. Finally, in the third decision, McMichael v. American Red Cross, the Court, utilizing the Restatement's “unavoidably unsafe” rationale, refused to impose …


Expanding The Negligence Concept: Retreat From The Rule Of Law, James A. Henderson Jr. Apr 1976

Expanding The Negligence Concept: Retreat From The Rule Of Law, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


Comment On Structure And Theory, Jerome Hall Jan 1976

Comment On Structure And Theory, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Allegheny Airlines, Inc. V. United States (Case Note), Gerald S. Reamey Jan 1975

Allegheny Airlines, Inc. V. United States (Case Note), Gerald S. Reamey

Faculty Articles

Under Allegheny Airlines, the United States Court of Appeals for the 7th Circuit held that a flying school/aircraft owner is engaged in a joint enterprise with its student pilots and is vicariously liable for the student’s negligent acts. This Court and others have developed the principle that the vicarious liability of an aircraft owner for the actions of the pilot is dependent upon the existence of a principal/agent relationship between the owner and pilot. Courts developed this legal fiction to enable recovery by injured parties against the financially responsible principal, rather than effectively denying recovery by forcing personal judgments against …


Kentucky Law Survey: Torts, Richard C. Ausness Jan 1975

Kentucky Law Survey: Torts, Richard C. Ausness

Law Faculty Scholarly Articles

This article provides a survey of Kentucky legal developments in the area of tort law. During the past term the Kentucky Court of Appeals was quite active in the area of torts. The Court considered cases involving battery, nuisance, products liability and negligence. The negligence decisions dealt with a defendant's standard of care, contributory negligence, and last clear chance. Four of these cases have been selected for examination in this article.


Kentucky Law Survey: Torts, Richard C. Ausness Jan 1975

Kentucky Law Survey: Torts, Richard C. Ausness

Law Faculty Scholarly Articles

This article provides a survey of Kentucky legal developments in the area of tort law. The topics covered in this discussion include: negligence per se, res ipsa loquitur, the legal duty of a land owner, parental liability for the acts of children, the last clear chance doctrine, products liability, private nuisance, and public nuisance.


From Caveat Emptor To Strict Liability: A Review Of Products Liability In Florida, Richard C. Ausness Apr 1972

From Caveat Emptor To Strict Liability: A Review Of Products Liability In Florida, Richard C. Ausness

Law Faculty Scholarly Articles

Since the doctrine of caveat emptor gave way to a more enlightened response, the courts have struggled to place the law of products liability on a proper doctrinal foundation. Negligence, implied warranty, and strict liability have been used, but as yet no universally accepted theory has emerged. In light of this problem this article will trace the development of seller's liability in Florida. Special emphasis will be placed upon implied warranty; in addition, the relationship between existing Florida case law, strict liability under the Restatement of Torts and the warranty provisions of the Uniform Commercial Code will be examined.


Torts: 1971 Survey Of New York Law, Faust F. Rossi, Warren E. George Jan 1972

Torts: 1971 Survey Of New York Law, Faust F. Rossi, Warren E. George

Cornell Law Faculty Publications

No abstract provided.


Toward A Test For Strict Liability In Torts, Jon T. Hirschoff, Guido Calabresi Jan 1972

Toward A Test For Strict Liability In Torts, Jon T. Hirschoff, Guido Calabresi

Articles by Maurer Faculty

No abstract provided.


Legal Issues Relating To Electroconvulsive Therapy, H. Richard Beresford Aug 1971

Legal Issues Relating To Electroconvulsive Therapy, H. Richard Beresford

Cornell Law Faculty Publications

A survey of 54 psychiatric units disclosed that 49 (91%) were using electroconvulsive (ECT), principally for major depressive illnesses. During the five-year period 1964 to 1968, fractures and other complications of ECT were uncommon. Sudden death was reported in seven cases. During this period, none of the respondents or their affiliated physicians had been involved in lawsuits relating to the use of ECT. In general, suits for injuries occasioned by the use of ECT seem to be declining. Possible remaining problem areas are the performance of ECT without the prior consent of the patient; the failure to have facilities and …


Scienter Requirement In Actions Under Rule 10b-5, David G. Epstein Jan 1970

Scienter Requirement In Actions Under Rule 10b-5, David G. Epstein

Law Faculty Publications

More than twenty years have now elapsed since a private right of action under rule 10b-5 was first recognized judicially. In the interim, rule 10b-5 has become "the most prolific source of litigation since Henry Ford invented the flivver." And, the Rule is assuming even greater importance. Private actions under 10b-5 in excess of seventy-seven million dollars have been instituted against Texas Gulf Sulphur and its officers and directors. The Securities and Exchange Commission proposals to implement the Wheat Report will result in an increased emphasis on 10b-5. Notwithstanding the importance of rule 10b-5 and the numerous reported decisions and …


Workmen’S Compensation: Third Party’S Action Over Against Employer, Arthur Larson Jan 1970

Workmen’S Compensation: Third Party’S Action Over Against Employer, Arthur Larson

Faculty Scholarship

No abstract provided.


Annual Survey Of Virginia Law - Administrative Law, William Hamilton Bryson Jan 1968

Annual Survey Of Virginia Law - Administrative Law, William Hamilton Bryson

Law Faculty Publications

This year's survey of Administrative Law focuses upon the four cases involving administrative agencies or municipal corporations decided last term by courts sitting in Virginia. Though few in number, the cases presented a wide range of issues including the review of a determination of the State Corporation Commission on an application for a branch bank, a condemnation case, the availability of a tort remedy against a municipal corporation and a contest over the constitutionality of the Virginia Industrial Building Authority.


Weather Modification: Law And Administration, James N. Corbridge Jr., Raphael J. Moses Jan 1968

Weather Modification: Law And Administration, James N. Corbridge Jr., Raphael J. Moses

Publications

No abstract provided.


Strict Liability In Tort: A Modest Proposal, David G. Epstein Jan 1967

Strict Liability In Tort: A Modest Proposal, David G. Epstein

Law Faculty Publications

Centuries ago, the noted Irish satirist, Jonathan Swift, made a "modest proposal' that the inhabitants of the Emerald Isle remedy a severe food shortage they were experiencing by eating their young. To some, a proposal of the adoption of strict liability in tort-regardless of how limited-is no more a modest proposal than Mr. Swift's. It is submitted that this opposition to strict liability in tort is at least in part due to a misunderstanding of the present state of the law as to a manufacturer's liability to injured consumers. In most jurisdictions, the adoption of strict liability in tort for …


Negligence: Blackstone To Shaw To? An Intellectual Escapade In A Tory Vein, E. F. Roberts Jan 1965

Negligence: Blackstone To Shaw To? An Intellectual Escapade In A Tory Vein, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.


A Rule Is A Rule Because It Is The Rule: Intellectual Crisis In Conflict Of Laws, E. F. Roberts Jan 1964

A Rule Is A Rule Because It Is The Rule: Intellectual Crisis In Conflict Of Laws, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.


The Victim's Fault In Wrongful Death Actions In French Law, Wencelas J. Wagner Jan 1963

The Victim's Fault In Wrongful Death Actions In French Law, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


Negligent Behavior Should Be Excluded From Penal Liability, Jerome Hall Jan 1963

Negligent Behavior Should Be Excluded From Penal Liability, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Alarid V. Vanier [Dissent], Jesse W. Carter Jul 1958

Alarid V. Vanier [Dissent], Jesse W. Carter

Jesse Carter Opinions

Although a driver rear-ended another car, there was sufficient evidence for a jury to conclude that the driver took reasonable steps to maintain his brakes, and therefore the driver was able to overcome the statutory presumption of negligence.


Dow V. Holly Mfg. Co., Jesse W. Carter Feb 1958

Dow V. Holly Mfg. Co., Jesse W. Carter

Jesse Carter Opinions

A general contractor was liable for the negligent installation of a defective gas heater by one of its subcontractors, which caused the death of members of a family residing in the home.


Ambriz V. Petrolane, Ltd., Jesse W. Carter Dec 1957

Ambriz V. Petrolane, Ltd., Jesse W. Carter

Jesse Carter Opinions

Parents' wrongful death judgments for deaths of their children due to an explosion in their home was upheld against a gas distributor who was liable for independent contractors it employed to deliver the gas, an abnormally dangerous activity.


Leonard V. Watsonville Community Hospital [Dissent], Jesse W. Carter Dec 1956

Leonard V. Watsonville Community Hospital [Dissent], Jesse W. Carter

Jesse Carter Opinions

Grant of nonsuit as to doctor was proper because the testimony of patient's adverse parties was clear and uncontradicted to effect he was not responsible for leaving clamp in patient's abdomen and there was no rational ground to disbelieve testimony.


Tucker V. Lombardo [Dissent], Jesse W. Carter Dec 1956

Tucker V. Lombardo [Dissent], Jesse W. Carter

Jesse Carter Opinions

No prejudicial error existed when the jury instructions correctly informed the jury about the shooter's degree of care in firing a gun on a skeet range and informed the jury about contributory negligence and assumption of the risk.


Danner V. Atkins [Dissent], Jesse W. Carter Nov 1956

Danner V. Atkins [Dissent], Jesse W. Carter

Jesse Carter Opinions

In a case involving a truck's unexplained collision with a building, doctrine of res ipsa loquitur did not apply as to truck driver where the truck was under the control of a mechanic rather than of the driver just before the accident.


Hudson V. Rainville [Dissent], Jesse W. Carter May 1956

Hudson V. Rainville [Dissent], Jesse W. Carter

Jesse Carter Opinions

In a pedestrian's personal injury action, the trial court properly submitted the issue of an automobile driver's negligence to the jury where the evidence presented a question of fact as to that issue.


Hilyar V. Union Ice Co., Jesse W. Carter Jul 1955

Hilyar V. Union Ice Co., Jesse W. Carter

Jesse Carter Opinions

Nonsuit as to driver was improper in injured minor's personal injury action because evidence was sufficient on negligence issue to permit submission to jury but nonsuit was proper as to corporation because evidence of agency was insufficient.


Jensen V. Minard [Dissent], Jesse W. Carter Apr 1955

Jensen V. Minard [Dissent], Jesse W. Carter

Jesse Carter Opinions

The trial court erred in giving certain instructions requested by defendant because the jury should not have been foreclosed from considering evidence provided by the happening of the accident itself in determining whether defendant was negligent.