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1979

Journal

Torts

Institution
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Articles 1 - 30 of 45

Full-Text Articles in Law

Defamation In Broadcasting, Keith R. Evans Nov 1979

Defamation In Broadcasting, Keith R. Evans

Dalhousie Law Journal

The law of defamation is not new to the world, nor limited to certain nations: Moses commanded: "Neither shalt thou bear false witness against thy neighbour." The Far East punished slander. The Twelve Tables of Rome recognized defamation. Early Anglo- Saxon and Germanic laws took a serious view of insult by word or gesture. Punishment included excision of the tongue. In England, a book on libel was written three hundred years ago. Under a French ordinance of the past century the publication of a libel was punished by whipping and on a second offence with death. ' Obviously, the consequences …

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Markert V. Johnston, 367 So. 2d 1003 (Fla. 1978), Jane Cameron Hayman Oct 1979

Markert V. Johnston, 367 So. 2d 1003 (Fla. 1978), Jane Cameron Hayman

Florida State University Law Review

Torts-CIVIL PROCEDURE- NONJOINDER OF MOTOR VEHICLE LIABILITY INSURERS HELD UNCONSTITUTIONAL

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Tort Liability And Recreational Use Of Land, Michael S. Buskus Oct 1979

Tort Liability And Recreational Use Of Land, Michael S. Buskus

Buffalo Law Review

No abstract provided.

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Auburn Machine Works Co. V. Jones, 366 So. 2d 1167 (Fla. 1979), Thomas R. Criss Oct 1979

Auburn Machine Works Co. V. Jones, 366 So. 2d 1167 (Fla. 1979), Thomas R. Criss

Florida State University Law Review

Torts-PRODUCTS LIABILITY- FLORIDA REJECTS THE PATENT DANGER DOCTRINE

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Intrafamily Tort Immunity In Virginia: A Doctrine In Decline, Evans L. King Jr. Oct 1979

Intrafamily Tort Immunity In Virginia: A Doctrine In Decline, Evans L. King Jr.

William & Mary Law Review

No abstract provided.

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Applying Strict Liability To Defective Products Litigation In West Virginia With Explanatory Emphasis Upon Coal Mining Machinery Cases, Richard E. Rowe Sep 1979

Applying Strict Liability To Defective Products Litigation In West Virginia With Explanatory Emphasis Upon Coal Mining Machinery Cases, Richard E. Rowe

West Virginia Law Review

No abstract provided.

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Recovery Of Consequential Damages In Breach Of Implied Warranty Action Disallowed To Extent Buyer's Negligence Was Concurring Proximate Cause., Karen Angelini Sep 1979

Recovery Of Consequential Damages In Breach Of Implied Warranty Action Disallowed To Extent Buyer's Negligence Was Concurring Proximate Cause., Karen Angelini

St. Mary's Law Journal

Abstract Forthcoming.

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Comparative Causation, Indemnity, And The Allocation Of Losses Between Joint Tortfeasors In Products Liability Cases., Timothy Patton Sep 1979

Comparative Causation, Indemnity, And The Allocation Of Losses Between Joint Tortfeasors In Products Liability Cases., Timothy Patton

St. Mary's Law Journal

Abstract Forthcoming.

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Economic Loss, 402a, And An Unreasonably Dangerous Product: Can Mid Continent Aircraft, Signal Oil, And Nobility Homes Be Reconciled., J. Nevin Shaffer Jr. Sep 1979

Economic Loss, 402a, And An Unreasonably Dangerous Product: Can Mid Continent Aircraft, Signal Oil, And Nobility Homes Be Reconciled., J. Nevin Shaffer Jr.

St. Mary's Law Journal

Abstract Forthcoming.

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Oliver Wendell Holmes And External Standards Of Criminal And Tort Liability: Application Of Theory On The Massachusetts Bench, William A. Lundquist Jul 1979

Oliver Wendell Holmes And External Standards Of Criminal And Tort Liability: Application Of Theory On The Massachusetts Bench, William A. Lundquist

Buffalo Law Review

No abstract provided.

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Contractual Liability Of Physicians: The Interface Of Tort And Contract, David N. Wynn Jul 1979

Contractual Liability Of Physicians: The Interface Of Tort And Contract, David N. Wynn

Buffalo Law Review

No abstract provided.

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Probability Theory Meets Res Ipsa Loquitur, David Kaye Jun 1979

Probability Theory Meets Res Ipsa Loquitur, David Kaye

Michigan Law Review

This Article uses probability theory normatively in an effort to clarify one aspect of the famous tort doctrine known as res ipsa loquitur. It does not urge that jurors be instructed in probability theory or be equipped with microprocessors. Rather, it seeks an accurate statement of the res ipsa doctrine in ordinary language. In particular, this Article will show that the conventional formulation of the doctrine is misleading at best, and should be replaced with a more careful statement of the conditions warranting the res ipsa inference. To this end, Section I briefly surveys the legal doctrine, or, more precisely, …

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An Expert's Reputation, Malcolm Merry May 1979

An Expert's Reputation, Malcolm Merry

Dalhousie Law Journal

"Comment is free, but facts are sacred" is both a good working tale for journalists and a fairly accurate encapsulation of their obligations under the law of libel. The difficulty of course lies in sorting out fact from comment. It was this difficulty that faced the Nova Scotia courts in Barltrop v. Canadian Broadcasting Corporation, 1 and the appeal judges came up with a different answer from the trial judge. The case was one of the legal reverberations of the controversy about lead poisoning in Toronto during 1974. The C.B.C.'s programme "As It Happens" broadcast a special feature on the …

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Pain And Profit: The Politics Of Malpractice, Ruth L. Gokel Apr 1979

Pain And Profit: The Politics Of Malpractice, Ruth L. Gokel

Florida State University Law Review

By Sylvia Law and Steven Polan. New York: Harper & Row, Publishers. 1978. Pp xiv, 305. $12.95.

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Recovery For Negligent Infliction Of Emotional Distress: Changing The Impact Rule In Indiana, David B. Millard Apr 1979

Recovery For Negligent Infliction Of Emotional Distress: Changing The Impact Rule In Indiana, David B. Millard

Indiana Law Journal

No abstract provided.

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Mapoles V. Mapoles, 360 So. 2d 1137 (Fla. 1st Dist. Ct. App. 1977), Helio De La Torre Apr 1979

Mapoles V. Mapoles, 360 So. 2d 1137 (Fla. 1st Dist. Ct. App. 1977), Helio De La Torre

Florida State University Law Review

Torts-STRICT LIABILITY-DOG OWNERS VIRTUAL INSURERS FOR ANY DAMAGE CAUSED BY THEIR DOGS

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From Feres To Stencel: Should Military Personnel Have Access To Ftca Recovery, Michigan Law Review Apr 1979

From Feres To Stencel: Should Military Personnel Have Access To Ftca Recovery, Michigan Law Review

Michigan Law Review

This Note reevaluates the Feres doctrine in light of legal developments of the past three decades. It concludes that the FTCA should be extended to military claims. It discusses the arguments that military claims will burden vital government functions and shows that the exception to liability under the present FTCA, particularly the exception for "discretionary actions" by government employees, would adequately protect all legitimate military interests.

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Refining The Traditional Theories Of Recovery For Consumer Mental Anguish, Val John Christensen Mar 1979

Refining The Traditional Theories Of Recovery For Consumer Mental Anguish, Val John Christensen

BYU Law Review

No abstract provided.

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Xv. Torts Mar 1979

Xv. Torts

Washington and Lee Law Review

No abstract provided.

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The Groundless Case - The Lawyer's Tort Duty To His Client And To The Adverse Party., E. Wayne Thode Mar 1979

The Groundless Case - The Lawyer's Tort Duty To His Client And To The Adverse Party., E. Wayne Thode

St. Mary's Law Journal

Abstract Forthcoming.

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Either Spouse May Recover For Negligent Impairment Of Consortium., B. Will Clark Mar 1979

Either Spouse May Recover For Negligent Impairment Of Consortium., B. Will Clark

St. Mary's Law Journal

Abstract Forthcoming.

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Survey Of Developments In West Virginia Law: 1978 Feb 1979

Survey Of Developments In West Virginia Law: 1978

West Virginia Law Review

No abstract provided.

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Contribution Among Joint Tortfeasors In Illinois: An Opportunity For Legislative And Judicial Cooperation, Nina S. Appel, Richard A. Michael Jan 1979

Contribution Among Joint Tortfeasors In Illinois: An Opportunity For Legislative And Judicial Cooperation, Nina S. Appel, Richard A. Michael

Loyola University Chicago Law Journal

No abstract provided.

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Actions And Remedies Against Government Units And Public Officers For Nonfeasance, Paul T. Wangerin Jan 1979

Actions And Remedies Against Government Units And Public Officers For Nonfeasance, Paul T. Wangerin

Loyola University Chicago Law Journal

No abstract provided.

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Products Liability: Developments In The Rule Of Successor Liability For Product-Related Injuries, Mary Annette Horan Jan 1979

Products Liability: Developments In The Rule Of Successor Liability For Product-Related Injuries, Mary Annette Horan

University of Michigan Journal of Law Reform

This article will briefly review the traditional principles of corporate law governing the assumption of liabilities in the acquisition of an ongoing business, and the doctrinal premises of strict products liability. Attention will then be critically directed to recent developments in case law in which the traditional rules have been modified to reflect the policy considerations of strict products liability. Finally, this article will discuss the possibility of legislative intervention in the development of new principles governing successor responsibility for products liability claims and propose that this problem is an appropriate subject for legislative rather than judicial action.

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Birth Defects Caused By Parental Exposure To Workplace Hazards: The Interface Of Title Vii With Osha And Tort Law, Lynne Darcy Jan 1979

Birth Defects Caused By Parental Exposure To Workplace Hazards: The Interface Of Title Vii With Osha And Tort Law, Lynne Darcy

University of Michigan Journal of Law Reform

This article will examine the problem of workers' exposure to toxic substances that affect human reproductive functions in light of the applicable legal framework provided by tort law, the Occupational Safety and Health Act of 1970 (OSHA), and Title VII of the Civil Rights Act of 1964. What employers may do to deal with this problem under existing law, and possible resolutions of some apparent conflicts between the underlying purposes of these laws, will also be delineated. It is the position of this article that the competing interests of employers, workers, and workers' offspring must be harmonized not by excluding …

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Shor V. Paoli, 353 So. 2d 825 (Fla. 1977), June Hinson Allen Jan 1979

Shor V. Paoli, 353 So. 2d 825 (Fla. 1977), June Hinson Allen

Florida State University Law Review

Torts-RIGHT OF CONTRIBUTION IS NOT BARRED BY DOCTRINE OF INTERSPOUSAL IMMUNITY IN FLORIDA.

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Products Liability - Restatement (Second) Of Torts - Section 402a - Uncertain Standards Of Responsibility In Design Defect Cases - After Azzarello, Will Manufacturers Be Absolutely Liable In Pennsylvania, Robert F. Harchut Jan 1979

Products Liability - Restatement (Second) Of Torts - Section 402a - Uncertain Standards Of Responsibility In Design Defect Cases - After Azzarello, Will Manufacturers Be Absolutely Liable In Pennsylvania, Robert F. Harchut

Villanova Law Review

No abstract provided.

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Warshaw V. Trans World Airlines, Inc.: Aviation - Warsaw Convention - Liability For Routine Repressurization Accidents, Sheryl Gandel Jan 1979

Warshaw V. Trans World Airlines, Inc.: Aviation - Warsaw Convention - Liability For Routine Repressurization Accidents, Sheryl Gandel

Maryland Journal of International Law

No abstract provided.

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Hunt V. Blasius: A Gap In The Application Of The Illinois Strict Products Liability Theory, William T. Gotfryd Jan 1979

Hunt V. Blasius: A Gap In The Application Of The Illinois Strict Products Liability Theory, William T. Gotfryd

Loyola University Chicago Law Journal

No abstract provided.

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