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Full-Text Articles in Law
The Place Of Assumption Of Risk In The Law Of Negligence, John W. Wade
The Place Of Assumption Of Risk In The Law Of Negligence, John W. Wade
Louisiana Law Review
No abstract provided.
Foreword - The Kid Who Got Left Out, Wex S. Malone
Foreword - The Kid Who Got Left Out, Wex S. Malone
Louisiana Law Review
No abstract provided.
Assumed Risk As A Defense, Leon Green
Assumption Of Risk And The Landowner, Page Keeton
Assumption Of Risk And The Landowner, Page Keeton
Louisiana Law Review
No abstract provided.
Torts -- 1961 Tennessee Survey, Dix W. Noel
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 …
Bills And Notes -- 1961 Tennessee Survey, John A. Spanogle Jr.
Bills And Notes -- 1961 Tennessee Survey, John A. Spanogle Jr.
Vanderbilt Law Review
The Tennessee courts decided three cases involving commercial paper this year. The Tennessee Supreme Court decided one case which, unless it is clarified in the near future, may upset principles which were heretofore well-established. Of the two cases decided by the appellate courts, one adopted a rule well-known in other jurisdictions, and the other adopted a sound minority view on a question not settled by the Uniform Negotiable Instruments Law.
Torts: Right Of Brother And Sister To Sue, W. Kendall Lipscomb Jr.
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
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.
Torts - Agency - Liability Of Architect For Failure To Suervise Work Of Sub-Contractor, John Schwab Ii
Torts - Agency - Liability Of Architect For Failure To Suervise Work Of Sub-Contractor, John Schwab Ii
Louisiana Law Review
No abstract provided.
Routine Bifurcation Of Jury Negligence Trials: An Example Of The Questionable Use Of Rule Makings Power, Jack B. Weinstein
Routine Bifurcation Of Jury Negligence Trials: An Example Of The Questionable Use Of Rule Makings Power, Jack B. Weinstein
Vanderbilt Law Review
The Federal District Court for the Northern District of Illinois recently adopted a rule providing for submission of the issues of negligence to a jury before evidence on the issue of damages is introduced (hereinafter sometimes referred to as the bifurcation rule or split trial rule). While reflecting a commendable spirit of judicial responsibility for reducing court congestion, the issue of its propriety raises some of the most subtle and difficult problems of the proper relation of courts to legislature in our system of independent branches of government; of the characterization of matters as substantive and procedural for various purposes; …
Bills And Notes-Payees By Impersonation And By Assumption Of A Name-Drawer's Intent And Commercial Policy, Stuart S. Gunckel S. Ed.
Bills And Notes-Payees By Impersonation And By Assumption Of A Name-Drawer's Intent And Commercial Policy, Stuart S. Gunckel S. Ed.
Michigan Law Review
Consider the following scheme for fraudulently obtaining money: A, a stranger to D, personally appears before D, represents himself as B and requests a loan. There is an existing person named B. For D's security a mortgage is produced in the name of B, but it has actually been penned by A. A check of the land records by D verifies that the land described in the mortgage is in fact owned by B. D, having satisfied himself as to the existence of B, draws a check payable to the …
Concurrent Causation In Insurance Contracts, William Conant Brewer Jr.
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 …
Contacts - Subrogation - Partial Subrogation Of A Cause Of Action For Personal Injuries, Jerome M. Salle
Contacts - Subrogation - Partial Subrogation Of A Cause Of Action For Personal Injuries, Jerome M. Salle
Michigan Law Review
Plaintiff, an incorporated home for the aged, provided all essential medical care to one of its residents under the provisions of a life-care contract between it and the resident. On the basis of a contract clause which purported to subrogate plaintiff to the right of the resident to recover medical expenses caused by the negligence of third parties, plaintiff brought an action to recover certain medical expenses incurred from the party who was allegedly responsible for the injuries and death of the resident. The trial court sustained a demurrer to the complaint for failure to state a cause of action …
Basis Of Liability In Fireworks Accidents
Basis Of Liability In Fireworks Accidents
Washington and Lee Law Review
No abstract provided.
The Development Of New York Negligence Law
Negligently Inflicted Psychic Injuries: A Return To Reason, Alvan Brody
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
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.
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.
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 …