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Full-Text Articles in Law
Trespassing Children: A Study In Expanding Liability, R. Neal Batson
Trespassing Children: A Study In Expanding Liability, R. Neal Batson
Vanderbilt Law Review
When confronted with a case involving a child plaintiff, attorneys and the courts should recognize that the doctrine of attractive nuisance is only one of several theories on which the plaintiff may proceed against a landowner. The status of a plaintiff should first be determined. If the child is a trespasser, then either the constant trespasser theory, the known trespasser theory, or the doctrine of attractive nuisance may be applicable. It is possible, however, that the court may reject any one or all of these theories and decide the particular case under the general negligence principles of foreseeability of harm …
Motor Vehicles--Legislation--The Michigan Motor Vehicle Accident Claims Act, Michigan Law Review
Motor Vehicles--Legislation--The Michigan Motor Vehicle Accident Claims Act, Michigan Law Review
Michigan Law Review
With the adoption of the Michigan Act, Michigan has become the fifth state to adopt a comprehensive program utilizing both the insurance and the fund approaches. Moreover, the Michigan Act, apparently inspired by its Ontario prototype, contains some elements which were previously unknown in United States legislation. Consequently, it may prove enlightening to examine the scope and purpose of the Michigan Act, and to compare it with similar legislation in other states.
The Case Against The Guest Statute, O. Forrest Morgan Jr.
The Case Against The Guest Statute, O. Forrest Morgan Jr.
William & Mary Law Review
No abstract provided.
Status Of The Social Guest: A New Look, Jerry Franklin
Status Of The Social Guest: A New Look, Jerry Franklin
William & Mary Law Review
No abstract provided.
Products Liability--Some Observations About Allocation Of Risks, Page Keeton
Products Liability--Some Observations About Allocation Of Risks, Page Keeton
Michigan Law Review
Virtually all of the activities of mankind involve the use of some product. Consequently, nearly all losses in the nature of physical damage to persons or things, and a great deal of the economic losses flowing from inferior or unfit products, are factually caused by characteristics or conditions of products, or at least occur during the use of products. Therefore, when fault, in the sense in which fault has been used in the Anglo-American law of torts (a usage which frequently results in the imposition of liability without personal fault), is abandoned as a basis for shifting or allocating losses, …
Products Liability--The Expansion Of Fraud, Negligence, And Strict Tort Liability, John A. Sebert Jr.
Products Liability--The Expansion Of Fraud, Negligence, And Strict Tort Liability, John A. Sebert Jr.
Michigan Law Review
While judicial acceptance of this concept of strict tort liability has been proceeding apace, far less dramatic but equally significant developments have been occurring with respect to both negligence and fraud liability. The possibility of recovering for a seller's misrepresentations concerning his product has been enhanced by a plaintiff-oriented judicial redefinition of two elements of a cause of action for fraud: defendant's knowledge of the falsity of his representation and plaintiff's reliance upon the deception. At the same time, negligence liability has often come to resemble liability without fault as courts continue to deemphasize, as a prerequisite to the application …
Torts--Unavoidable Accident, William Jack Stevens
Torts--Unavoidable Accident, William Jack Stevens
West Virginia Law Review
No abstract provided.
Landowner's Negligence Liability To Persons Entering As A Matter Of Right Or Under A Privilege Of Private Necessity, Donald W. Fish
Landowner's Negligence Liability To Persons Entering As A Matter Of Right Or Under A Privilege Of Private Necessity, Donald W. Fish
Vanderbilt Law Review
In modem tort law, the liability of occupiers of land for their negligence depends in the first instance upon the status of the plaintiff upon the premises. This status generally determines the level of duty which the occupier owes him, and a vast body of case law has developed dealing with the many aspects of the question.Of the myriad classes of persons to whom some duty of care maybe owed by an occupier, perhaps those who enter the premises by virtue of a legal right, and irrespective of the consent of the occupier, present the most elusive problems in analysis. …
The Virginia Uninsured Motorist Law: Its Intent And Purpose, James L. Tucker
The Virginia Uninsured Motorist Law: Its Intent And Purpose, James L. Tucker
William & Mary Law Review
No abstract provided.
The Child Driver Under The Kentucky Family Purpose Doctrine, William R. Harris
The Child Driver Under The Kentucky Family Purpose Doctrine, William R. Harris
Kentucky Law Journal
No abstract provided.
Common Law Liability Of The Liquor Vendor, Francis A. King
Common Law Liability Of The Liquor Vendor, Francis A. King
Case Western Reserve Law Review
No abstract provided.
Injuries From Fright Without Contact, Larry Grean
Injuries From Fright Without Contact, Larry Grean
Cleveland State Law Review
Mental distress situations occur throughout the field of torts in cases ranging from assault and trespass to seduction, false arrest, slander, malicious prosecution, and others. They occur in intentional and unintentional situations, and in cases where there is willful and wanton negligence. There may be mental distress over one's own predicament or over fear for the safety of a third party. Physical injuries may or may not result from the mental distress and the element of "impact" (contemporaneous physical injury) becomes an additional factor to consider. However, when it comes to the question of recovery for either mental distress alone …
How F.E.L.A. Became Liability Without Fault, Gaspare A. Corso
How F.E.L.A. Became Liability Without Fault, Gaspare A. Corso
Cleveland State Law Review
The Federal Employers' Liability Act supersedes the common and statutory law of the states ("There is no federal common law"), and this is true regardless of where the action is brought. Under common law, the injured employee was faced with the burden of proof and obliged to overcome the defenses of contributory negligence, assumption of risk and the fellowservant rule. But it is apparent that Congress was dissatisfied with the common law approach to the master-servant relation-ship. The practical effect (at the very least) of the F.E.L.A. is to abolish many of the defenses available at common law to an …
Fireworks, Explosives, Guns, And Minors, George Braun
Fireworks, Explosives, Guns, And Minors, George Braun
Cleveland State Law Review
In most of the United States the laws governing the sale and use of fireworks, explosives and flammable decorations follow the form of control regulations recommended by the National Fire Prevention Association. These severely restrict the use of explosives and fireworks (with the exception of paper caps for toy guns) to adults. Ohio has led the trend by imposing safeguards more restrictive than most states and, by recent statutes together with decisions, imposing strict standards against manufacturers, sellers, keepers, users or other handlers of explosives and fireworks in attempts to effectively control the hazards presented by these products.
The Friendly Versus Hostile Fire Dichotomy, Robert I. Reis
The Friendly Versus Hostile Fire Dichotomy, Robert I. Reis
Villanova Law Review
No abstract provided.