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Articles 1 - 9 of 9

Full-Text Articles in Law

Torts -- 1961 Tennessee Survey, Dix W. Noel Oct 1961

Torts -- 1961 Tennessee Survey, Dix W. Noel

Vanderbilt Law Review

The tort cases reported during the past year were of unusual interest. A number of them dealt with points of first impression in this state. Others represent developments of the law designed to bring it into harmony with changing conditions, as in the application of the res ipsa loquitur doctrine to the unexplained fall of an air-liner, or in the clarification of the duties of an automobile driver to a mere licensee in the vehicle. While the basic pattern for justice in the field of torts has been worked out by our courts with much care and wisdom, occasional modifications …


Torts: Right Of Brother And Sister To Sue, W. Kendall Lipscomb Jr. Oct 1961

Torts: Right Of Brother And Sister To Sue, W. Kendall Lipscomb Jr.

William & Mary Law Review

No abstract provided.


Torts: Immunity Of Parent From Suit By Child Does Not Extend To Estate Of Deceased Parent, Allan H. Harbert Oct 1961

Torts: Immunity Of Parent From Suit By Child Does Not Extend To Estate Of Deceased Parent, Allan H. Harbert

William & Mary Law Review

No abstract provided.


Concurrent Causation In Insurance Contracts, William Conant Brewer Jr. Jun 1961

Concurrent Causation In Insurance Contracts, William Conant Brewer Jr.

Michigan Law Review

A great deal of work and thought has been devoted to concurrent causation problems in the field of torts. Less attention has been paid to the insurance cases, and no serious effort has been made to formulate the separate rules applicable to them. It is the thesis of this article that concurrent causation problems which arise under an insurance contract must be handled somewhat differently from those which arise in connection with tort litigation, and that the tendency to borrow rules of law from the larger tort field and apply them to the smaller volume of insurance cases can only …


Basis Of Liability In Fireworks Accidents Mar 1961

Basis Of Liability In Fireworks Accidents

Washington and Lee Law Review

No abstract provided.


Negligently Inflicted Psychic Injuries: A Return To Reason, Alvan Brody Jan 1961

Negligently Inflicted Psychic Injuries: A Return To Reason, Alvan Brody

Villanova Law Review

No abstract provided.


Lung Cancer Liability Of Cigarette Manufacturers, Richard H. Burgess Jan 1961

Lung Cancer Liability Of Cigarette Manufacturers, Richard H. Burgess

Cleveland State Law Review

The medical evidence is quite strong as to tobacco causation of lung cancer. However, this leaves several legal questions to be answered before a plaintiff can recover from a cigarette manufacturer. The primary question at hand is: Do cigarette manufacturers impliedly warrant that their product is not dangerous to health; or, if not, do they have a duty to warn the public or the consumers in some direct way of the probable dangers to health in smoking. To phrase it differently, recovery will most likely lie in either implied warranty or in negligence, until statutory provisions are made to help …


Stason, Estep And Pierce: Atoms And The Law, Harry Kalven, Jr. Jan 1961

Stason, Estep And Pierce: Atoms And The Law, Harry Kalven, Jr.

Michigan Law Review

A Review of Atoms and the Law. By E. Blythe Stason, Samuel D. Estep and William J. Pierce. [Parts I and II* Pp. 1-846]


Sales - Implied Warranty - Privity Of Contract As A Prerequisite To Recovery From Manufacturer, John L. Peschel S. Ed. Jan 1961

Sales - Implied Warranty - Privity Of Contract As A Prerequisite To Recovery From Manufacturer, John L. Peschel S. Ed.

Michigan Law Review

Plaintiff sustained injuries in the course of his employment when a defective abrasive wheel, while being used in its intended manner, exploded in his face. The abrasive wheel was purchased by plaintiff's employer directly from the manufacturer. Plaintiff sought recovery from the manufacturer on two grounds: negligence in the manufacture of the abrasive wheel and breach of implied warranty for fitness of purpose. The negligence issue was submitted to the jury, which returned a verdict adverse to the plaintiff. The manufacturer's demurrer to the cause of action based upon implied warranty was sustained by the trial court. On appeal from …