Torts Commons^™

Learning From Experience: Nonlegally-Specific Role Plays, Paul Bergman, Avrom Sherr, Roger Burridge

Journal of Legal Education

No abstract provided.

Duress In The Canadian And English Law Of Restitution:, G Hl Fridman

Dalhousie Law Journal

The early history of restitution reveals that duress was relevant in two situations. In the first, one party compelled another to pay him money by reason of some threat. In the second situation, one party compelled another to pay him money which was in fact owed by a third party to the one exercising the compulsion. The former situation was a straight forward one, in which the party exercising the duress falsely or legitimately (though perhaps erroneously) caused the party subjected to the duress to accept that a debt existed between the two parties, or that the party exerting pressure …

A Fable And A Quiz On Contracts, E. Allan Farnsworth

Journal of Legal Education

No abstract provided.

Protection Of Shipowners’ Liability Under United States Law And Marine Insurance Practice, Izak Stephanus Fourie

LLM Theses and Essays

Shipowners are exposed to a variety of risks that are, to a large extent, unique to maritime business. Because of factors like the recent increase in the size and value of ships, increase in marine traffic, enactment of legislation imposing new liabilities, and the tendency of courts to make huge awards to personal injury and death claims, shipowners are exposed to potential losses or claims worth millions of dollars in the event of disaster. These heavy risks led to the establishment of the marine insurance industry, as well as the enactment of legislation that limits shipowners’ liability. This legislation was …

Strict Liability For Chattel Leasing, Richard C. Ausness

Law Faculty Scholarly Articles

Leasing has become an increasingly popular substitute for outright purchases as a means of acquiring products for use. Few courts and commentators, however, have addressed the question of whether the principles of strict products liability which apply to sellers also apply to lessors. In this Article, Professor Ausness reviews the historical basis for imposing strict liability in tort on sellers and applies these rationales to five basic kinds of lease transactions. He concludes that strict liability should not apply when a product defect arises after the leased product is placed in the hands of the lessee (as contrasted with the …

The Collision Of Tort And Contract In The Construction Industry, Murray H. Wright, Edward E. Nicholas Iii

University of Richmond Law Review

Over the past two decades, several courts have allowed construction industry plaintiffs to assert tort claims to recover for purely economic losses (i.e. other than injury to person or property) from other participants in the construction process. Parties assert tort claims, instead of or in addition to contract claims, to take advantage of the more liberal tort damage rules and, probably more importantly, to escape unfavorable contract provisions. This article briefly discusses the different origins and goals of tort and contract law. It then reviews some of the decisions allowing recovery of purely economic losses in tort as well as …

Design Defects In Equipment: When Are Government Contractors Liable For Injuries To Military Personnel?, Emily Calhoun

Publications

No abstract provided.

Bad Faith Breach Of Contract: Should This Infant Tort Be Allowed To Grow In North Carolina, Darrell Pope

North Carolina Central Law Review

No abstract provided.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

The Warranty Of Merchantability And Computer Software Contracts: A Square Peg Won't Fit In A Round Hole, Edward G. Durney

Washington Law Review

Courts have consistently held that Article 2 of the Uniform Commercial Code (U.C.C.) governs transactions involving computer hardware. Treatment of computer software transactions has been less consistent. This Comment contends that computer software, an intangible, is not within the scope of Article 2. It further contends that the warranty of merchantability cannot meaningfully be applied by analogy in computer software contracts. Finally, this Comment concludes that existing tort and contract causes of action provide software users with sufficient protection.

As The Walls Came Tumbling Down: Architects' Expanded Liability Under Design-Build/Construction Contracting, 17 J. Marshall L. Rev. 1 (1984), Hal G. Block

UIC Law Review

No abstract provided.

Conflicts Of Interest In The Insurer's Duty To Defend In Illinois, 17 J. Marshall L. Rev. 379 (1984), John Dwight Ingram

UIC Law Review

No abstract provided.

Negligent Performance Of Service Contracts And The Economic Loss Doctrine, 17 J. Marshall L. Rev. 249 (1984), Timothy L. Bertschy

UIC Law Review

No abstract provided.

Section 767 Of The Illinois Insurance Code: Does It Pre-Empt Tort Liability, 16 J. Marshall L. Rev. 471 (1983), J. Douglas Durham

UIC Law Review

No abstract provided.

The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins

Cardozo Law Review

No abstract provided.

Distributive And Paternalist Motives In Contract And Tort Law, With Special Reference To Compulsory Terms And Unequal Bargaining Power, Duncan Kennedy

Maryland Law Review

No abstract provided.

Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino

Faculty Works

No abstract provided.

Legal Malpractice In Virginia: Tort Or Contract?, R. Paul Childress Jr.

University of Richmond Law Review

A client who attempts to recover from an attorney does so because the client feels that the attorney has acted negligently. The concepts of standard of care, negligence, and damages are usually associated with actions in tort. However, while an examination of applicable Virginia law reveals that concepts usually associated with tort apply to legal malpractice, the presence of elements of negligence does not always equal tort.

Virginia Laws Affecting Churches - Restated, J. Rodney Johnson

University of Richmond Law Review

Twenty-five years ago, the late William T. Muse, then Dean of the University of Richmond School of Law, observed that although there was considerable law in Virginia relating to churches this law was widely scattered throughout the statutes and the cases. To remedy this state of affairs, Dean Muse wrote a concise but complete summary of these laws. In the quarter-century that has elapsed since Dean Muse's article was published, Virginia has adopted a new constitution, many church-related statutes have been enacted and a number of church-related cases have been decided, some of which have refined established principles and others …

Contract Law: An Alternative To Tort Law As A Basis For Wrongful Discharge Actions In Illinois, Elizabeth Vranicar Tanis

Loyola University Chicago Law Journal

No abstract provided.

Products Liability, Whitmore Gray

Book Chapters

The choice of "product liability" as a topic for the Tenth International Congress of Comparative Law was most appropriate. At the present time the legal periodicals are full of articles on this topic, the courts (not only in the United States) are handling an increasing load of these cases, the First World Congress on Product Liability has been held (London, 1977), and unification and harmonization work is already well advanced.

At the time of the First International Comparative Law Congress in 1934 it would have been hard to predict the development of this area of the law out of the …

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.

Recent Developments In Missouri: Tort Law, William B. Anderson, Sean O'Brien

Faculty Works

No abstract provided.

The Covenant Not To Sue: Virginia's Effort To Bury The Common Law Rule Regarding The Release Of Joint Tortfeasors, Linda Flory Rigsby

University of Richmond Law Review

The 1979 Virginia General Assembly turned the last shovel of earth onto the grave of the common law "release rule"' by adopting the covenant not to sue as a viable settlement device in joint tortfeasor actions. By this statutory adoption, Virginia became the last state to recognize, either by statute or judicial mandate, that a properly drawn covenant not to sue can act to release one or more tortfeasors without automatically releasing all those tortfeasors liable for the same injury or wrongful death. Judicial interpretations of the covenant not to sue, particularly those of California, Michigan and North Carolina, will …

Recovery Of Consequential Damages In Breach Of Implied Warranty Action Disallowed To Extent Buyer's Negligence Was Concurring Proximate Cause., Karen Angelini

St. Mary's Law Journal

Abstract Forthcoming.

Contractual Liability Of Physicians: The Interface Of Tort And Contract, David N. Wynn

Buffalo Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1978

West Virginia Law Review

No abstract provided.

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.

The Interlocking Death And Rebirth Of Contract And Tort, Jeffrey O'Connell

Michigan Law Review

The first portion of this article will examine the growing inclination of courts to apply tort principles to cases based on contracts; at the same time, the defects of tort will be discussed insofar as they militate against the wisdom of so extending tort principles. In the last half of the article, an alternative contractual method for allocating losses in one particular area will briefly be presented; this method does not contain the defects in loss allocation that have impelled courts to reject traditional contractual principles, but it also avoids many inefficiencies of traditional tort remedies.