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International Control Of The Safety Of Nuclear-Powered Merchant Ships, William H. Berman, Lee M. Hydeman

Michigan Law Review

In recent years we have witnessed the transition of nuclear-powered ships from an imaginative dream to an engineering reality. This vast step from the drawing board to successful operation on the high-seas has taken place in a remarkably short span of time. Nevertheless, in the :flush of enthusiasm over the technological achievement, we must not lose sight of the fact that the promise of nuclear power for the propulsion of ships will not have been fulfilled until nuclear vessels are operating safely and economically over the maritime trade routes of the world. It would be unrealistic to assume that further …

Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep

Michigan Law Review

The emphasis given by the mass media of communication to some of the dramatic problems arising from the use of nuclear energy unfortunately has diverted attention from some of the matters about which something can be done by lawyers, administrators, and legislators without the necessity of complicated international negotiations between various parties to the "Cold War." The headlines leave the uninformed, and perhaps often also the informed, public with the impression that even for radiation injuries the important problems all deal with such questions as: (1) Will only a few or many millions of people survive an all-out nuclear war? …

Personal Property And Sales -- 1960 Tennessee Survey, Gilbert S. Merrit, Jr.

Vanderbilt Law Review

A foreigner given to rash generalizations would quickly conclude upon reading this year's sales and personal property cases that the three most flourishing and litigation-producing institutions in Tennessee are the automobile, the General Motors Acceptance Corporation and bootlegging. The automobile is responsible for all five of the cases covered in this survey; in four of the five the General Motors Acceptance Corporation is the defendant; and two of the five grow out of bootlegging activities.

Foreword: Survey Of South Carolina Law, David H. Means

South Carolina Law Review

No abstract provided.

Agency, Ernest L. Folk Iii

South Carolina Law Review

No abstract provided.

Insurance, Wesley M. Walker

South Carolina Law Review

No abstract provided.

Torts -- 1960 Tennessee Survey, John W. Wade

Vanderbilt Law Review

As usual, there were about forty reported Torts cases this year. There were no striking new developments. Many of the cases were merely routine, some of them indeed carrying quite long opinions without deciding anything which will give them real value as precedents for the future. The great majority of the cases involved actions for negligence, considerably more than half the cases being concerned with traffic accidents.

Ancillary Rights Of The Insured Against His Liability Insurer, Robert E. Keeton

Vanderbilt Law Review

The primary right of the insured against his liability insurer is the right to reimbursement of loss falling within the coverage defined in the policy. The scope of that right is ordinarily determined by construction of the clauses defining the Bodily Injury Liability and Property Damage Liability Coverages.' The present article is concerned with ancillary rights, arising in part from these and other policy provisions and in part from the relationship created by liability insurance. These rights of the insured are, from the opposite point of view, duties of the insurer--duties concerned principally with settlement of the tort claim or …

Semi-Direct Action Against Liability Insurers: Current Problems, Ronan E. Degnan

Vanderbilt Law Review

The legislatures of the various states of the union have by and large seen fit to forbid actions by an injured party directly against a liability insurer. This limitation, founded upon policy reasons which are doubtless apparent to the reader, has led the interested parties to seek out various indirect or semi-direct methods for reaching the insurance fund. This article is designed to discuss two particularly difficult problems which have arisen because of this semi-direct mode of proceeding: (1) By what appropriate methods can a judgment be obtained against a nonresident tort feasor or his estate so as to create …

Overlapping Coverages In Liability Contracts; Subrogation, John A. Appleman

Vanderbilt Law Review

Within the last twenty-five years, approximately, a considerable transition has taken place in approaching the coverages of automobile policies. At one time, liability insurers used to require their policy-holders to pledge that they did not carry other insurance of like character. It is difficult to understand why this situation ever arose. It may have been an outgrowth of fire coverages, or health and accident provisions, in which a moral hazard actually might exist where excessive protection is carried. Thereafter, instead of making this a matter of warranty, policies frequently provided that in the event there should be any other valid …

Automobile Policy Exclusions, A. L. Plummer

Vanderbilt Law Review

The exclusions in the automobile liability insurance policies have required much litigation to clarify and interpret the intent of the draftsmen and underwriter who wrote them. An exclusion takes away or modifies certain coverages given in the insuring agreements. The giving and taking-away provisions of insurance policies are necessary in the making of a limited contract. They tend to avoid duplication of coverage, limit the assumed risk or hazard, avoid underwriting the primary liabilities of others that should be covered by other policy forms, and otherwise limit the scope of coverage. Since 1936 there has been a constant effort by …

Insurance -- 1960 Tennessee Survey, William R. Andersen

Vanderbilt Law Review

One of the most delicate problems in insurance underwriting is that of describing the events whose occurrence is the primary condition of the insurer's obligation to pay. Several interesting cases were decided during the survey period involving disputes over whether or not an insured event had occurred.

Restitution -- 1960 Tennessee Survey, William Wicker

Vanderbilt Law Review

Only two Tennessee restitution decisions were reported in the Southwestern Reporter during the year covered by this survey. One involves a question as to the liability of an intestate's estate for burial expenses which were not ordered by either the administrator or the sole heir and next of kin. The other involves a question concerning indemnity or contribution as between unintentional tort-feasors who were guilty of different degrees of negligence.

Negligence - Proximate Cause - Liability Of Tavern-Keeper To Third Person Injured By One To Whom Tavern-Keeper Had Made And Unlawful Sale Of Liquor, Alan C. Miller

Michigan Law Review

In a jurisdiction having a statute prohibiting sales of liquor to minors and persons actually or apparently intoxicated, defendants, four tavern-keepers, served alcoholic beverages to an eighteen-year-old minor. Fifteen or twenty minutes after leaving the last of the taverns, the intoxicated minor negligently drove a motor vehicle and collided with plaintiff's car, killing plaintiff's husband. Plaintiff brought this action as representative of her husband's estate and as owner of the damaged car. Her complaint charged not only that defendants unlawfully and negligently sold and served alcoholic beverages to a minor under circumstances constituting notice that he was a minor, but …

Remaining Tort Liability Of Employers And Third Parties Under Workmen's Compensation Statutes, Ben F. Loeb, Jr.

Vanderbilt Law Review

Workmen's compensation is a mechanism designed to provide cash benefits to employees to recompense for loss of wages due to injuries sustained in work-connected activities. Theoretically, the cost of the program is charged to the consumer by increasing the price of goods and services sold to the public. An employee, covered by a compensation act, is entitled to payments if he is injured by an accident arising out of and in the course of his employment; and the fact that such employee was at fault or guilty of negligence himself is normally of no consequence.

Compensation benefits, in contrast to …

Torts, Wilfull Torts Of Employees, Extension Of Employer's Vicarious Liability, Michael D. Alembik

William & Mary Law Review

No abstract provided.

Torts - Obstruction Of A Civil Action - Coercion By A Medical Association To Preclude Availability Of Expert Testimony In A Medical Malpractice Action, William Y. Webb

Michigan Law Review

Plaintiff approached nine physicians in an attempt to secure an expert witness for a medical malpractice action. All nine refused, allegedly as a result of threats by the county medical association to expel them and cause a cancellation of their malpractice liability insurance if they testified. The association's actions stemmed from a finding by its "malpractice committee" that the malpractice defendant had not been negligent. Plaintiff then brought this action against the association to recover compensatory and punitive damages for obstruction of a civil action. On appeal from an order granting a motion for nonsuit, held, affirmed. No cause …

Shartel & Plant: The Law Of Medical Practice, C. W. Muehlberger

Michigan Law Review

A Review of THE LAW OF MEDICAL PRACTICE. By Burke Shartel and Marcus L. Plant.

Application Of The Cost And Value Theories In Measuring Contractor's Liability, William M. Dishman Jr.

Kentucky Law Journal

No abstract provided.

Liability Of A Sponsor Of A Driver's License In Indiana

Indiana Law Journal

No abstract provided.