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St. Mary's Law Journal

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Articles 31 - 60 of 93

Full-Text Articles in Torts

The Service-Sales Transaction: A Citadel Under Assault., James B. Sales Mar 1978

The Service-Sales Transaction: A Citadel Under Assault., James B. Sales

St. Mary's Law Journal

Abstract Forthcoming.


The Diminishing Role Of Negligence In Manufacturers' Liability For Unavoidably Unsafe Drugs And Cosmetics., David E. Chamberlain Mar 1977

The Diminishing Role Of Negligence In Manufacturers' Liability For Unavoidably Unsafe Drugs And Cosmetics., David E. Chamberlain

St. Mary's Law Journal

Abstract Forthcoming.


Operating Surgeon Is Not Automatically Liable For Assistant's Negligence., Mark H. Miller Mar 1977

Operating Surgeon Is Not Automatically Liable For Assistant's Negligence., Mark H. Miller

St. Mary's Law Journal

Abstract Forthcoming.


Grocery Store Is Liable For False Imprisonment By Its Independent Contractor Providing Security Service., Chris A. Hale Mar 1977

Grocery Store Is Liable For False Imprisonment By Its Independent Contractor Providing Security Service., Chris A. Hale

St. Mary's Law Journal

Abstract Forthcoming.


Introduction Student Symposium - A Study Of Medical Malpractice In Texas - Introduction., Page Keeton Dec 1976

Introduction Student Symposium - A Study Of Medical Malpractice In Texas - Introduction., Page Keeton

St. Mary's Law Journal

Abstract Forthcoming.


Litigation: Areas Of Dispute Student Symposium - A Study Of Medical Malpractice In Texas., Caroline W. Jackson Dec 1976

Litigation: Areas Of Dispute Student Symposium - A Study Of Medical Malpractice In Texas., Caroline W. Jackson

St. Mary's Law Journal

Abstract Forthcoming.


Medical Liability Insurance Student Symposium - A Study Of Medical Malpractice In Texas., Stephen L. Hubbard Dec 1976

Medical Liability Insurance Student Symposium - A Study Of Medical Malpractice In Texas., Stephen L. Hubbard

St. Mary's Law Journal

Abstract Forthcoming.


Stacking Uninsured Motorist Protection, Medical Payments, And Personal Injury Protection Coverages In Texas., Edward J. York Jr. Dec 1976

Stacking Uninsured Motorist Protection, Medical Payments, And Personal Injury Protection Coverages In Texas., Edward J. York Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Alternatives For The Disposition Of Medical Malpractice Claims Student Symposium - A Study Of Medical Malpractice In Texas., Bryan D. Wright Dec 1976

Alternatives For The Disposition Of Medical Malpractice Claims Student Symposium - A Study Of Medical Malpractice In Texas., Bryan D. Wright

St. Mary's Law Journal

Abstract Forthcoming.


The Negligent Impairment Of Consortium - A Time For Recognition As A Cause Of Action In Texas., Jess C. Rickman Dec 1976

The Negligent Impairment Of Consortium - A Time For Recognition As A Cause Of Action In Texas., Jess C. Rickman

St. Mary's Law Journal

Abstract Forthcoming.


Negligence As A Standard Of Recovery In Libel Actions In Texas., Suzie Barrows Sep 1976

Negligence As A Standard Of Recovery In Libel Actions In Texas., Suzie Barrows

St. Mary's Law Journal

Abstract Forthcoming.


Where The Place Of Injury Is Unknown And Unascertainable, Texas Will Apply The Law Of The Place Of The Wrongful Act., Patrick J. Kennedy Jr. Sep 1976

Where The Place Of Injury Is Unknown And Unascertainable, Texas Will Apply The Law Of The Place Of The Wrongful Act., Patrick J. Kennedy Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Proof Of Theft Of Bailed Goods Does Not Of Itself Rebut Presumption Of Bailee's Negligence., Robert E. Corlew Iii Jun 1976

Proof Of Theft Of Bailed Goods Does Not Of Itself Rebut Presumption Of Bailee's Negligence., Robert E. Corlew Iii

St. Mary's Law Journal

Abstract Forthcoming.


The Bystander's Duty And The Law Of Torts - An Alternative Proposal., J.H. Edgar Jr. Jun 1976

The Bystander's Duty And The Law Of Torts - An Alternative Proposal., J.H. Edgar Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Wrongful Birth: The Emerging Status Of A New Tort., John R. Brantley Mar 1976

Wrongful Birth: The Emerging Status Of A New Tort., John R. Brantley

St. Mary's Law Journal

Abstract Forthcoming.


Negligent Infliction Of Emotional Harm To Bystanders - Should Recovery Be Denied., Lawrence E. Likar Sep 1975

Negligent Infliction Of Emotional Harm To Bystanders - Should Recovery Be Denied., Lawrence E. Likar

St. Mary's Law Journal

Abstract Forthcoming.


Scheme To Defame Political Candidate Coupled With Unreasonable Headlines Is Evidence Of Actual Malice., John Powell Covington Jun 1975

Scheme To Defame Political Candidate Coupled With Unreasonable Headlines Is Evidence Of Actual Malice., John Powell Covington

St. Mary's Law Journal

Abstract Forthcoming.


Fact Of Possible Future Inflation Will Not Be Included In The Calculation Of Future Damages., Susan B. Biggs Jun 1975

Fact Of Possible Future Inflation Will Not Be Included In The Calculation Of Future Damages., Susan B. Biggs

St. Mary's Law Journal

Abstract Forthcoming.


Elimination Of The Distinctions Between Trespassers, Licensees, And Invitees - Landowner Has A Duty Of Reasonable Care To Foreseeable Entrants., Lawrence Likar Jun 1975

Elimination Of The Distinctions Between Trespassers, Licensees, And Invitees - Landowner Has A Duty Of Reasonable Care To Foreseeable Entrants., Lawrence Likar

St. Mary's Law Journal

A pure negligence approach to bystander recovery imposes an undue burden upon a merely negligent defendant. Third parties, who suffer emotional distress after witnessing someone suffer an injury, lack standing to sue if they themselves suffered no physical injury. Under a pure negligence approach, however, bystanders now have a claim for negligent infliction of emotional distress. Nonetheless, this method of recovery exceeds the scope of the general principles of negligence law. For instance, a secondary reaction to a specific traumatic stimulus is not foreseeable and is heavily dependent upon an individual's prior mental conditioning. The law requires more than mere …


Divided Damages - The Albatross Of The Modern Mariner., Howard E. Davis Jr. Mar 1975

Divided Damages - The Albatross Of The Modern Mariner., Howard E. Davis Jr.

St. Mary's Law Journal

Since 1854, the United States has followed the English rule regarding ship collision cases: where both vessels involved in a collision are at fault, each party is responsible for one-half of the total damages regardless of its respective degree of blame. At the time, the rule was considered necessary to provide just and equitable results in admiralty litigation. However, the harshness of the rule justifies its disregard in favor of more equitable remedies. The problem with divided damages can be illustrated by the following scenario: a small pleasure craft and an oil tanker collide. The pleasure craft is only slightly …


Evidence Of Post-Accident Failures, Modifications And Design Changes In Products Liability Litigation., Don L. Davis Dec 1974

Evidence Of Post-Accident Failures, Modifications And Design Changes In Products Liability Litigation., Don L. Davis

St. Mary's Law Journal

Abstract Forthcoming.


The Assigned Risk In Texas: The Questions Of Agency And Absolute Liability., Timothy Tynan Griesenbeck Jr. Sep 1974

The Assigned Risk In Texas: The Questions Of Agency And Absolute Liability., Timothy Tynan Griesenbeck Jr.

St. Mary's Law Journal

Texas’ Assigned Risk Plan provides motor vehicle liability coverage to high-risk drivers who can’t obtain private insurance. However, there are two unresolved questions concerning assigned risk in Texas. The first is whether an independent insurance broker who drafts a policy for a high-risk driver is the agent of the insured or of the insurer. Several jurisdictions have determined that the assigned risk broker is the agent of the insured, and Texas should follow suit. Generally, the driver contacts a broker to file an application under the Plan with the state. The insurer assigned to the case must issue a policy …


Strict Liability Is Imposed Upon Supplier Of Chattel Under Lease., Frank J. Cavico Jr. Sep 1974

Strict Liability Is Imposed Upon Supplier Of Chattel Under Lease., Frank J. Cavico Jr.

St. Mary's Law Journal

Abstract Forthcoming.


An Owner Or Occupier Of Land Is Not Liable To Invitees Injured During The Owner's Resistance To Criminal Demands., Dan Ray Waller Jun 1974

An Owner Or Occupier Of Land Is Not Liable To Invitees Injured During The Owner's Resistance To Criminal Demands., Dan Ray Waller

St. Mary's Law Journal

Abstract Forthcoming.


New York No Longer Applies The Doctrine Of Imputed Contributory Negligence In Automobile Accident Cases., Robert Hoagland Jun 1974

New York No Longer Applies The Doctrine Of Imputed Contributory Negligence In Automobile Accident Cases., Robert Hoagland

St. Mary's Law Journal

Abstract Forthcoming.


Comparative Negligence: An Exercise In Applied Justice., Wayne Fisher, James Nugent, Craig Lewis Dec 1973

Comparative Negligence: An Exercise In Applied Justice., Wayne Fisher, James Nugent, Craig Lewis

St. Mary's Law Journal

Abstract Forthcoming.


The Defense Of Assumption Of Risk Under Comparative Negligence., Joe E. Anderson Dec 1973

The Defense Of Assumption Of Risk Under Comparative Negligence., Joe E. Anderson

St. Mary's Law Journal

Abstract Forthcoming.


Comparative Negligence And The Special Verdict., Carlos C. Cadena Dec 1973

Comparative Negligence And The Special Verdict., Carlos C. Cadena

St. Mary's Law Journal

Abstract Forthcoming.


The Texas Rule Of Liability Of Owners And Occupiers Of Land For Injuries Sustained By Business Invitees On The Premises - Revisited And Reconsidered., Larry R. Patton Dec 1973

The Texas Rule Of Liability Of Owners And Occupiers Of Land For Injuries Sustained By Business Invitees On The Premises - Revisited And Reconsidered., Larry R. Patton

St. Mary's Law Journal

Abstract Forthcoming.


Reduction And Exclusion Clauses In Uninsured Motorist Coverage., Royal H. Brin Jr. Sep 1973

Reduction And Exclusion Clauses In Uninsured Motorist Coverage., Royal H. Brin Jr.

St. Mary's Law Journal

Abstract Forthcoming.