Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1985

Torts

Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 86

Full-Text Articles in Law

Causation In Tort Law, Richard W. Wright Dec 1985

Causation In Tort Law, Richard W. Wright

All Faculty Scholarship

No abstract provided.


Actual Causation Vs. Probabilistic Linkage: The Bane Of Economic Analysis, Richard W. Wright Dec 1985

Actual Causation Vs. Probabilistic Linkage: The Bane Of Economic Analysis, Richard W. Wright

All Faculty Scholarship

No abstract provided.


The Intellectual Development Of Modern Products Liability Law: A Comment On Priest's View Of The Cathedral's Foundations, David G. Owen Dec 1985

The Intellectual Development Of Modern Products Liability Law: A Comment On Priest's View Of The Cathedral's Foundations, David G. Owen

Faculty Publications

No abstract provided.


Negligence, Causation And Information, Stephen G. Marks Dec 1985

Negligence, Causation And Information, Stephen G. Marks

Faculty Scholarship

This note suggests a model to unify, in a simple information-based framework, the notion of negligence and the various notions of causation. In effect, the model demonstrates that negligence, probabilistic cause and cause-in-fact represent an identical concept applied to different information sets. This note uses the unified framework to develop a simple algorithm for the practical application of the principles of causation in the law of negligence.


The Relevance Of Tort Law Doctrines To Rule 10b-5: Should Careless Plaintiffs Be Denied Recovery?, Margaret V. Sachs Nov 1985

The Relevance Of Tort Law Doctrines To Rule 10b-5: Should Careless Plaintiffs Be Denied Recovery?, Margaret V. Sachs

Scholarly Works

Private litigation under section 10(b) of the Securities Exchange Act of 1934 and rule 10b-5 is at present riddled with tort law doctrines. Familiar tort concepts such as aiding and abetting, respondeat superior, plaintiff's duty of care, in pari delicto, and contribution have been imported into the rule 10b-5 private action by a number of lower federal courts. The United States Supreme Court had not addressed the relevance of any of these doctrines until its decision this year in Bateman Eichler, Hill Richards, Inc., v. Berner. By disallowing a defense of in pari delicto on statutory enforcement grounds, Bateman plainly …


Toxic Torts And Chapter 11 Reorganization:The Problem Of Future Claims, Anne Hardiman Oct 1985

Toxic Torts And Chapter 11 Reorganization:The Problem Of Future Claims, Anne Hardiman

Vanderbilt Law Review

Recently, the toxic tort phenomenon has emerged as a vital concern to manufacturers, employers, and consumers as Agent Orange,' DES, Dalkon Shield, and asbestos victims have litigated toxic tort claims. Toxic torts are unique because any number of victims may be exposed to a toxic substance from which they may contract a disease as far as twenty years in the future. Toxic tort claims typically involve large sums of money and an inestimable number of plaintiffs. The potential for tremendous, financially crippling, liability for these injuries has prompted some asbestos companies to file for reorganization under Chapter 11 of the …


Landlord And Tenant—Landlord Has Duty To Employ Reasonable Security Measures To Avoid Foreseeable Criminal Attacks On Tenants, Mildred Havard Hansen Oct 1985

Landlord And Tenant—Landlord Has Duty To Employ Reasonable Security Measures To Avoid Foreseeable Criminal Attacks On Tenants, Mildred Havard Hansen

University of Arkansas at Little Rock Law Review

No abstract provided.


Recovery Of Exemplary Damages From The Estate Of A Tortfeasor Is Permitted Under The Texas Survival Statute., Scott A. Hennis Sep 1985

Recovery Of Exemplary Damages From The Estate Of A Tortfeasor Is Permitted Under The Texas Survival Statute., Scott A. Hennis

St. Mary's Law Journal

Abstract Forthcoming.


Wrongful Life: The Child's Cause Of Action For Negligent Genetic Counseling In Texas., James M. Parker Jr. Sep 1985

Wrongful Life: The Child's Cause Of Action For Negligent Genetic Counseling In Texas., James M. Parker Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Unavoidably Unsafe Products: Clarifying The Meaning And Policy Behind Comment K, Victor E. Schwartz Sep 1985

Unavoidably Unsafe Products: Clarifying The Meaning And Policy Behind Comment K, Victor E. Schwartz

Washington and Lee Law Review

No abstract provided.


Perspectives On Market Share Liability: Time For A Reassessment, Keith S. Miller, John D. Hancock Sep 1985

Perspectives On Market Share Liability: Time For A Reassessment, Keith S. Miller, John D. Hancock

West Virginia Law Review

No abstract provided.


Proximate Cause Should Be Barred From Wandering Outside Negligence Law, Kenneth Vinson Jul 1985

Proximate Cause Should Be Barred From Wandering Outside Negligence Law, Kenneth Vinson

Florida State University Law Review

No abstract provided.


Comparing Fault, David C. Sobelsohn Jul 1985

Comparing Fault, David C. Sobelsohn

Indiana Law Journal

No abstract provided.


Notes On Entitlement Systems - 1985, Wendy J. Gordon Jun 1985

Notes On Entitlement Systems - 1985, Wendy J. Gordon

Scholarship Chronologically

If one does harm without a privilege in our system, one pays. Our tort system suggests there is a general entitlement to the status quo, enforceable only against certain actors.


Increased Risk Of Disease From Hazardous Waste: A Proposal For Judicial Relief, Brent Carson Jun 1985

Increased Risk Of Disease From Hazardous Waste: A Proposal For Judicial Relief, Brent Carson

Washington Law Review

This Comment addresses the need to provide adequate and present remedies for individuals exposed to toxic wastes. Part I describes the prevailing "reasonable medical certainty" rule and shows how it unjustly prevents recovery by plaintiffs exposed to hazardous waste. Part II examines one method of avoiding the injustice of the "reasonable medical certainty" rule. The adoption of an "extent of the injury" rule would allow courts to recognize genetic or cellular damage as injury, and provide some hazardous waste victims with a remedy for their increased risk of disease. In Part III a better solution is proposed—accepting increased risk as …


Corporate Vicarious Liability For Punitive Damages, Timothy R. Zinnecker May 1985

Corporate Vicarious Liability For Punitive Damages, Timothy R. Zinnecker

BYU Law Review

No abstract provided.


Educational Malpractice And Handicapped Students, Carolyn M. White May 1985

Educational Malpractice And Handicapped Students, Carolyn M. White

BYU Law Review

No abstract provided.


Deterrence And Desert In Tort: A Comment, David G. Owen May 1985

Deterrence And Desert In Tort: A Comment, David G. Owen

Faculty Publications

No abstract provided.


The New York State Statute Of Limitations For Toxic Tort Claims: Time For A Discovery Rule, Deborah L. Christoff Apr 1985

The New York State Statute Of Limitations For Toxic Tort Claims: Time For A Discovery Rule, Deborah L. Christoff

In the Public Interest

No abstract provided.


A Suggested Remedy For Toxic Injury: Class Actions, Epidemiology, And Economic Efficiency, Colin H. Buckley Apr 1985

A Suggested Remedy For Toxic Injury: Class Actions, Epidemiology, And Economic Efficiency, Colin H. Buckley

William & Mary Law Review

No abstract provided.


A Moderate And Restrained Federal Product Liability Bill: Targeting The Crisis Areas For Resolution, Aaron D. Twerski Apr 1985

A Moderate And Restrained Federal Product Liability Bill: Targeting The Crisis Areas For Resolution, Aaron D. Twerski

University of Michigan Journal of Law Reform

In this article I have tried to offer a rational, feasible, and politically acceptable solution to the present product liability crisis. To do this, I have first set out the problem. I explain in Part I how courts have created the crisis by formulating incomprehensible legal standards. In Part II, I examine the difficulties with assessing punitive damages against a defendant. In Part III, I discuss the conflict between the torts and workers' compensation systems. In Part IV, I reflect on the need to protect wholesalers and retailers from needless litigation. Part V suggests that a federal study on the …


Miami Herald Publishing Co. V. Ane, 458 So. 2d 239 (Fla. 1984), M. David Shapiro Apr 1985

Miami Herald Publishing Co. V. Ane, 458 So. 2d 239 (Fla. 1984), M. David Shapiro

Florida State University Law Review

Torts-Defamation-PRIVATE CITIZENS NEED ONLY SHOW NEGLIGENCE IN ACTIONS AGAINST MEDIA DEFENDANTS. DOES THIS STIFLE THE MEDIA AT THE PUBLIC'S EXPENSE?


The Constitutionality Of Statutes Of Repose: Federalism Reigns, Josephine H. Hicks Apr 1985

The Constitutionality Of Statutes Of Repose: Federalism Reigns, Josephine H. Hicks

Vanderbilt Law Review

The development of common-law tort liability, especially since the late 1950s and early 1960s, has broken many of the barriers to plaintiff recovery. The abrogation of the privity requirement, the evolution of the discovery rule, and the advent of strict liability were primary agents in this "assault upon the citadel."' These developments have threatened many potential tort defendants, particularly members of the manufacturing and construction industries and the medical profession. In response to lobbying pressure from these groups, many state legislatures have adopted measures to limit tort recoveries. One of the measures most popular among defendants has been the enactment …


Intentional Infliction Of Emotional Distress In The Employment At Will Setting: Limiting The Employer's Manner Of Discharge, James F. Bleeke Apr 1985

Intentional Infliction Of Emotional Distress In The Employment At Will Setting: Limiting The Employer's Manner Of Discharge, James F. Bleeke

Indiana Law Journal

No abstract provided.


The Drug Manufacturer's Duty To Warn -- To Whom Does It Extend?, Donald E. Thompson, Ii Apr 1985

The Drug Manufacturer's Duty To Warn -- To Whom Does It Extend?, Donald E. Thompson, Ii

Florida State University Law Review

No abstract provided.


Recognizing The Liability Of Social Hosts Who Knowingly Allow Intoxicated Guests To Drive: Limits To Socially Acceptable Behavior, Robert W. Gomulkiewicz Apr 1985

Recognizing The Liability Of Social Hosts Who Knowingly Allow Intoxicated Guests To Drive: Limits To Socially Acceptable Behavior, Robert W. Gomulkiewicz

Washington Law Review

Gradually, courts have joined these efforts to alleviate the harm caused by the intoxicated driver. A few courts have recognized an action in tort against those who contribute to drunken driving by serving intoxicating liquor. These courts have acted, in part, to relieve victims of the costs of drunken driving and to distribute the costs among those responsible for its occurrence. Washington courts should recognize the liability of a negligent social purveyor of alcoholic beverages. Courts need not be constrained from recognizing a common law cause of action because of competing social interests or legislative inaction. Washington courts should rule …


Washington Adopts Market Share Liability For Des Producers—Martin V. Abbott Laboratories, 102 Wn. 2d 581, 689 P.2d 368 (1984), Mark Reeve Apr 1985

Washington Adopts Market Share Liability For Des Producers—Martin V. Abbott Laboratories, 102 Wn. 2d 581, 689 P.2d 368 (1984), Mark Reeve

Washington Law Review

In Martin v. Abbott Laboratories, the Washington Supreme Court adopted a narrow exception in DES cases to tort law's traditional requirement of causation. The court fashioned a liability-apportionment scheme based upon each defendant's contribution to the plaintiff's risk of harm: its "market share." The decision correctly refused to require joinder of a "substantial share" of the producers in the relevant market, and limited recovery to the percentage of the market actually joined. The court also decided to impose corporate successor liability on one drug manufacturer, drawing a dissent on the issue from three justices.


Power Abuse As A Basis For Alienation Of Affections: Nelson V. Jacobsen, Karl N. Haws Mar 1985

Power Abuse As A Basis For Alienation Of Affections: Nelson V. Jacobsen, Karl N. Haws

BYU Law Review

No abstract provided.


Proof Of Fault In Media Defamation Litigation, Lackland H. Bloom, Jr. Mar 1985

Proof Of Fault In Media Defamation Litigation, Lackland H. Bloom, Jr.

Vanderbilt Law Review

At common law, defamation was a strict liability tort. A defendant could be held liable for publishing a false and defamatory statement absent any evidence that the defendant suspected the statement's falsity or even its defamatory potential, and despite the fact that the defendant used reasonable care in attempting to ascertain the truth. The plaintiff only had to prove fault by the publisher when the plaintiff was attempting to overcome a qualified privilege or establish the liability of a secondary publisher such as a news vendor.' Since the United States Supreme Court's decision in New York Times v. Sullivan, however, …


Landlord Liability For Crimes Committed By Third Parties Against Tenants On The Premises, Irma W. Merrill Mar 1985

Landlord Liability For Crimes Committed By Third Parties Against Tenants On The Premises, Irma W. Merrill

Vanderbilt Law Review

The controversial subject of landlord liability for crimes committed by third parties on the apartment premises has been the subject of much debate. The discussion has produced a scattering of opinions rather than one settled rule. Not all jurisdictions agree that a landlord should be held liable to his tenants for crimes on the premises. Even jurisdictions that do hold landlords liable for such crimes disagree on the basis for liability. Some courts ground their decisions in contract. Other courts conjure landlord liability out of an implied warranty of habitability. Still other courts impose landlord liability for third party crimes …