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Torts -- 1957 Tennessee Survey, John W. Wade
Torts -- 1957 Tennessee Survey, John W. Wade
Vanderbilt Law Review
One who performs an act is ordinarily under a duty to act carefully.When the defendant has acted there is seldom a problem regarding the duty to use care. But when the defendant has failed to act the question of duty raises a substantial problem.' The rule is stated that there is no duty to act, but the exceptions are many. One arises when there is a particular relationship between the parties; another, when the defendant had commenced to act. Both exceptions are involved in Union Carbide & Carbon Corp. v. Stapleton.
Effect Of Exculpatory Clauses Under The Federal Tort Claims Act, John B. Thurman Jr.
Effect Of Exculpatory Clauses Under The Federal Tort Claims Act, John B. Thurman Jr.
Vanderbilt Law Review
The effect of an exculpatory clause' in a federal contract was the subject of two recent cases brought against the government under the Federal Tort Claims Act. In United States v. Kelly the subject of the contract was the sale of "edible garbage," and the contract provided that the garbage was sold "as is" and "without recourse" against the government, and that in any case where the liability of the government was established, the recovery would be limited to the contract price. In Air Transport Associates v. United States the subject of the contract was the use by plaintiff's commercial …