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Torts Commons

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Cleveland State University

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Articles 391 - 395 of 395

Full-Text Articles in Torts

Law And Logic: Conflict In Ohio's Wrongful Death Statute, Traci P. Donald Jan 1955

Law And Logic: Conflict In Ohio's Wrongful Death Statute, Traci P. Donald

Cleveland State Law Review

The doctrines of res judicata and estoppel by judgment are fundamental rules of the law which in both theory and practice fit into rather well defined situations, with one significant exception. An attempt to apply these doctrines to actions for wrongful death points out a serious vacuum in the law. A consideration of whether an injured person's release during his lifetime of a claim for personal injuries bars later claim of his administrator for wrongful death and pain and suffering of decedent will bring the problem into clear perspective. The solution, and there appears to be none short of statutory …


A Note On The Distinction Between Oral And Written Defamation, Jack G. Day Jan 1954

A Note On The Distinction Between Oral And Written Defamation, Jack G. Day

Cleveland State Law Review

It may be true, in the main, that the life of the law, "has not been logic; it has been experience." Nevertheless, the Courts occasionally develop rules of law with no apparent animation from either. An Ohio decision, Pecyk Adm. v. Semoncheck, furnishes a recent example of one such development and the provocation for yet another examination of the basis for the distinction between written and oral defamation.


Excessive Personal Injury Awards; A Problem And A Recommendation, Anthony R. Nardi Jan 1952

Excessive Personal Injury Awards; A Problem And A Recommendation, Anthony R. Nardi

Cleveland State Law Review

An improved, workable, and sensible test for "excessiveness" in the area of personal injury awards must be established. It is fairly easy to confuse "excessive" with the concept of "large" or "high" awards. In some particular instances perhaps relatively larger or higher awards are proper in today's economy. But, the bulk of over a million injury cases is at a level fairly easy to classify and thereby to compensate properly. When proper standards are established, then awards become excessive when they go beyond this just and equitable measure. Classifications and guides for the vast majority of personal injury claims will …


Inducing Breach Of Contract In Ohio, Arlene B. Steuer Jan 1952

Inducing Breach Of Contract In Ohio, Arlene B. Steuer

Cleveland State Law Review

This article is limited in its scope to the development in Ohio of a cause of action for the tort of wrongfully inducing breach of contract, either by fraud, duress, obstruction, etc., or by mere persuasion, and the extent to which an invasion of contractual rights will be privileged by the fact that the actor is a competitor. It is not intended to cover generally the subject of interference with contract rights, nor the various situations under which an actor will be privileged to interfere with another's contractual rights except when the privilege claimed is competition. The development of this …


Husband And Wife-Consortium Right Of Action In Wife For Negligent Injury To Husband, James B. Taylor Jan 1952

Husband And Wife-Consortium Right Of Action In Wife For Negligent Injury To Husband, James B. Taylor

Cleveland State Law Review

Where the loss of her husband's consortium is the result of personal injuries caused by the mere negligence of a third person, the wife has no cause of action; she did not have such right at common law and no legislation has been enacted to give her this right. Nevertheless, at the same time that this right is denied to the wife, her husband has a cause of action under identical circumstances. In such a case, the gist of the action is the loss of his wife's services, and the right has not been affected by legislation which has abrogated …