Torts Commons^™

Wrongful Life: A Modern Claim Which Conforms To The Traditional Tort Framework, Richard E. Wolff

William & Mary Law Review

No abstract provided.

Environmental Law--The Nuances Of Nuisance In A Private Action To Control Air Pollution, Michael E. Winck

West Virginia Law Review

No abstract provided.

Trends In The Law Of Damages, John W. Reed

Articles

The law of damages deals with the process of translating harm into dollars. It is not, however, a coherent body of knowledge. Rather, it consists of an amalgam of many concepts and rules having to do with fundamental policy questions about loss-shifting, risk-spreading, and allocation of functions between judge and jury. Because damages is a "non-subject," little attention is paid to it in law school curricula and there is little writing about it. As one commentator put it, the law of damages "plods its way, ignored by academicians and 'accepted' by the courts. . . . The 'winds of change' …

Remedies--Private Nuisance--Comparative Injury Doctrine In West Virginia, Gerard R. Stowers

West Virginia Law Review

No abstract provided.

Torts - Damage Suits Against Pharmacists And Physicians Based On Negligence In Birth Control Treatments. Troppi V. Scarf, 187 N.W.2d 511 (Mich. 1971), Robert L. Winikoff

William & Mary Law Review

No abstract provided.

Workmen's Compensation -- 1961 Tennessee Survey, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

Two bills amending the Workmen's Compensation Law' were enacted during the survey year. The first placed a limit of $12,500 on compensation payable for any permanent partial injury, not limited to those set forth in the schedule. It also added the following self-explanatory sentence to the first paragraph of section 50-1027, Tennessee Code Annotated: To receive benefits from the Second Injury Fund, the injured employee must be the employee of an employer who has properly insured his workmen's compensation liability or has qualified to operate under the Tennessee Workmen's Compensation Law as a self-insurer. The second amendment changed the definition …

Intangible Interests Under The Personal Injury Exception To The Indiana Survival Act

Indiana Law Journal

No abstract provided.

Atoms And The Law, E. Blythe Stason, Samuel D. Estep, William J. Pierce

Books

Early in 1951 a group of interested members of the faculty of The University of Michigan Law School conceived the idea of a research project, the purpose of which would be to investigate the principal unique legal problems being created and likely to be created in the future by peaceful uses of atomic energy. The group planned the preparation and publication of a series of manuscripts which might ultimately emerge as one or more printed volumes dealing with the legal problems affecting this new form of energy. Many phases of the subject were scrutinized, including the rule-making and licensing powers …

Equity -- 1956 Tennessee Survey, Val Sanford

Vanderbilt Law Review

One of the most important characteristics of the administration of justice in Tennessee is the maintenance of separate courts of law and equity. While numerous statutes have been enacted from time to time in an effort to clarify the jurisdiction of the two courts and the boundaries of their respective jurisdictions have been further defined by the courts, nevertheless, cases are still dismissed because they are brought in the wrong court...

Restitution -- 1954 Tennessee Survey, John W. Wade

Vanderbilt Law Review

The title, Restitution, is a comparatively new one. Over a period of many years there grew up separately a number of distinct legal and equitable remedies--quasi-contract, constructive trust, equitable lien, reformation, rescission and others. Only recently has it been perceived that a pervading general principle underlies all of these remedies--the principle that "a person who has been unjustly enriched at the expense of another is required to make restitution to the other." Now that these several types of relief are being classed together it is more generally realized that their composite whole involves a very broad field of the law. …

Subrogation, Indemnity, Contribution And Election Of Remedies Aspects Of The Tort Claims Act, Fred Blanton

Vanderbilt Law Review

Dramatically altering the concept of sovereign responsibility in the field of injuries to person and property, the Federal Tort Claims Act of 1946 in action has progressed steadily by application and interpretation to emerge as one of the most, if not the most, important pieces of domestic legislation enacted during the past decade. This ascendency has transpired primarily because the overwhelming majority of courts have boldly taken a dynamic approach to the inevitable problems occurring and recurring in a day-to-day consideration of the multitude of factual permutations and combinations presented to them for analysis and decision under the Act. Generally …

Book Reviews, Ferdinand F. Stone, Reginald Parker (Reviewer)

Vanderbilt Law Review

Governmental Liability By H. Street New York: Cambridge University Press, 1953. Pp. 221. $5.00.

reviewer: Ferdinand F. Stone

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Roman Law and Common Law: A Comparison in Outline, Second Ed. By W. W. Buckland and Arnold D. McNair. Revised by F. H. Lawson New York: Cambridge University Press, 1952.Pp. xii, 439. $7.00.

reviewer: Reginald Parker

Cases On The Law Of Damages, Floyd R. Mechem

Books

Note to the Second Edition: “The following selection of cases in the law of Damages has been made primarily for use in connection with the lectures upon that subject given in the Law department of the University of Michigan. The purpose has been particularly to supply illustration of the application of principles referred to in the lectures, and partly to supplement the lectures by rounding out the view of certain fields not otherwise completely developed.”

Note to the Third Edition: “While the general features remain the same, the number of cases in this edition has been considerably increased in the …

Cases On The Law Of Damages, Floyd R. Mechem

Books

The following selection of cases in the law of Damages has been made primarily for use in connection with the lectures upon that subject given in the Law Department of the University of Michigan. The purpose has been partly to supply illustrations of the application of principles referred to in the lectures, and partly to supplement the lectures by rounding out the view of certain fields not otherwise completely developed.

Arbitrary, but inexorable, considerations of size and price have determined the scope of the selection; and, for reasons perhaps suficiently obvious, preference has been given, when pqssible, to cases which …

A Treatise On The Law Of Torts Or The Wrongs Which Arise Independent Of Contract, Thomas M. Cooley

Books

In preparing the following pages the purpose has been to set forth with reasonable clearness the general principles under which tangible and intangible rights may be claimed, and their disturbance remedied in the law. The book has been written quite as much for students as for practitioners, and if some portions of it are more elementary than is usual in similar works, this fact will supply the explanation.