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Cumulative Index (Volumes 1-20)
Campbell Law Review Volume 20 Article 7 Issue 2 Spring 1998 February 2012 Cumulative Index (Volumes 1-20) Follow this and additional works at: http://scholarship.law.campbell.edu/clr Recommended Citation Cumulative Index (Volumes 1-20), 20 Campbell L. Rev. 497 (1998). This Index is brought to you for free and open access by Scholarly Repository @ Campbell University School of Law. It has been accepted for inclusion in Campbell Law Review by an authorized administrator of Scholarly Repository @ Campbell University School of Law. et al.: Cumulative Index (Volumes 1-20) INDEX BY VOLUME Volume 1 Prior Crimes as Evidence in Present Criminal Trials ................... 1:1 Charles W. Gamble In Praise of Pension Reform .......................................... 1:31 Ronald I. Kirschbaum A History of Liquor By-The-Drink Legislation in North Carolina ........ 1:61 Michael Crowell Statutory Standard of Care for North Carolina Health Care Providers... 1:111 John Marsh Tyson Separation Agreements: Effect of Resumed Marital Relations - Murphy v. M urphy ....................................................... 1:131 Donald R. Teeter Farmers as Merchants in North Carolina - Currituck Grain, Inc. v. Pow ell .......................................................... 1:141 Beverly Wheeler Massey The Effect of Unanimous Approval on Corporate Bylaws - Blount v. T aft ............................................................. 1:153 Margaret Person Currin North Carolina and Declarations Against Penal Interest - State v. H aywood ........................................................ 1:161 Samuel W. Meekins Confronting Accused With Evidence Against Him as "Interrogation" Within the Meaning of Miranda - State v. McLean ................. 1:173 William M. Spivey Public Documents in the Hands of Private Collectors - State v. West .... 1:179 Samuel R. Clawson Volume 2 Advisory Rulings by Administrative Agencies: Their Benefits and D angers ........................................................ -
Trespass Torts and Self-Help for an Electronic Age
Tulsa Law Review Volume 44 Issue 4 The Scholarship of Richard A. Epstein Summer 2009 Trespass Torts and Self-Help for an Electronic Age Catherine M. Sharkey Follow this and additional works at: https://digitalcommons.law.utulsa.edu/tlr Part of the Law Commons Recommended Citation Catherine M. Sharkey, Trespass Torts and Self-Help for an Electronic Age, 44 Tulsa L. Rev. 677 (2013). Available at: https://digitalcommons.law.utulsa.edu/tlr/vol44/iss4/2 This Legal Scholarship Symposia Articles is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Tulsa Law Review by an authorized editor of TU Law Digital Commons. For more information, please contact [email protected]. Sharkey: Trespass Torts and Self-Help for an Electronic Age TRESPASS TORTS AND SELF-HELP FOR AN ELECTRONIC AGE Catherine M. Sharkey* INTRODU CTION ................................................................................................................ 678 1. SELF-HELP: THE MISSING THIRD REMEDY .......................................................... 679 II. CONCEPTUALIZING SELF-HELP IN CYBERTRESPASS DOCTRINE ........................... 684 A. Self-Help in Plaintiff's Prima Facie Case ................................................... 684 1. Threshold Prerequisite to Invoke Legal Process ................................... 684 2. Liability for Evasion of Self-Help ........................................................ 687 B. Self-Help "Opt-Out" as Affirmative Defense ............................................ -
Contributory Intent As a Defence Limiting Or Excluding Delictual Liability
CONTRIBUTORY INTENT AS A DEFENCE LIMITING OR EXCLUDING DELICTUAL LIABILITY by RAHEEL AHMED submitted in accordance with the requirements for the degree of MASTER OF LAWS at the UNIVERSITY OF SOUTH AFRICA SUPERVISOR: PROF J NEETHLING NOVEMBER 2011 PREFACE This study would not have been possible without the knowledge, patience and guidance of my supervisor, Prof Johann Neethling. I am truly indebted to him and would like to express my sincerest gratitude. i SUMMARY “Contributory intent” refers to the situation where, besides the defendant being at fault and causing harm to the plaintiff, the plaintiff also intentionally causes harm to him- or herself. “Contributory intent” can have the effect of either excluding the defendant’s liability (on the ground that the plaintiff's voluntary assumption of risk or intent completely cancels the defendant's negligence and therefore liability), or limiting the defendant’s liability (where both parties intentionally cause the plaintiff's loss thereby resulting in the reduction of the defendant’s liability). Under our law the "contributory intent" of the plaintiff, can either serve as a complete defence in terms of common law or it can serve to limit the defendant's liability in terms of the Apportionment of Damages Act 34 of 1956. The “Apportionment of Loss Bill 2003” which has been prepared to replace the current Act provides for the applicability of “contributory intent” as a defence limiting liability, but it is yet to be promulgated. ii KEY TERMS Apportionment of Damages Act 34 of 1956 Apportionment -
LAW of TORTS SUBJECT CODE: BAL 106 Name of Faculty: Dr
FACULTY OF JURIDICAL SCIENCES COURSE: B.A.LL.B. I st Semester SUBJECT: LAW OF TORTS SUBJECT CODE: BAL 106 Name of Faculty: Dr. Aijaj Ahmed Raj LECTURE 27 TOPIC: JUSTIFICATION OF TORTS- ACT OF STATE, STATUTORY AUTHORITY, ACT OF GOD, NECESSITY, VOLENTI NON-FIT INJURIA, PRIVATE DEFENCE AND ACTS CAUSING SLIGHT HARM Volenti non fit injuria- In case, a plaintiff voluntarily suffers some harm, he has no remedy for that under the law of tort and he is not allowed to complain about the same. The reason behind this defence is that no one can enforce a right that he has voluntarily abandoned or waived. Consent to suffer harm can be express or implied. Some examples of the defence are: • When you yourself call somebody to your house you cannot sue your guests for trespass; • If you have agreed to a surgical operation then you cannot sue the surgeon for it; and • If you agree to the publication of something you were aware of, then you cannot sue him for defamation. • A player in the games is deemed to be ready to suffer any harm in the course of the game. • A spectator in the game of cricket will not be allowed to claim compensation for any damages suffered. For the defence to be available the act should not go beyond the limit of what has been consented. In Hall v. Brooklands Auto Racing Club, the plaintiff was a spectator of a car racing event and the track on which the race was going on belonged to the defendant. -
Negligence and the Rule of Damages in Actions Therefor
THE AMERICAN LAW REGISTER. MAY 1875. NEGLIGENCE AND THE RULE OF DAMAGES IN ACTIONS THEREFOR. ACTIONABLE negligence is an unintentional violation of the duty which enjoins care and caution in what we do, from which a. legal injury proximately results: Shearman & Redfield on Negligence, § 2, p. 1, note. It is a violation of the duty enjoining care and caution. Unless such duty exists between particular persons, there can be no negli- gence in the legal sense of the term: Tonawanda B. B. Co. v. Munger, 5 Den. 255, 267; Philadelphia & Beading B. B. Co. v. sspearen, 47 Penn. St. 300, 302. Leaving a pit uncovered, may be negligence, if an animal having a right to be on the premises falls into it and be injured, but not if the animal was not there lawfully: Sh. & Redf., § 454. This duty may arise either from contract, or it may be imposed by law without any express contract between the parties: Sh. & Redf., § 4. What then is this duty? It may be described in very general terms only, as it necessarily varies according to circumstances. "Sic utere tuo ut alienum non icedas" is the general principle (Fishv. Dodge, 4 Den. 311, 316; Cleveland & Columbus B. B. Co. v. .Tfeary, 3 Ohio St. 201; Morgan v. Cox, 22 Mo. 373, 375); in explaining which, the law proceeds on the presumption, that men ordinarily do their duty, and hence, it is the duty of every man to conduct himself and manage his property with ordinary care and diligence: Shrews- VOL. XXIII.-34 (265) NEGLIGENCE AND THE RULE OF DAMAGES bury v. -
Trespass to Land in North Carolina Part II -- Remedies for Trespass Dan B
NORTH CAROLINA LAW REVIEW Volume 47 | Number 2 Article 3 2-1-1969 Trespass to Land in North Carolina Part II -- Remedies for Trespass Dan B. Dobbs Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Dan B. Dobbs, Trespass to Land in North Carolina Part II -- Remedies for Trespass, 47 N.C. L. Rev. 334 (1969). Available at: http://scholarship.law.unc.edu/nclr/vol47/iss2/3 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. TRESPASS TO LAND IN NORTH CAROLINA PART II. REMEDIES FOR TRESPASSt DAN B. DOBBS* Having discussed the substantive law of trespass to land in the pre- ceding issue of this volume, the author now turns to an examination of the remedies available in an action for trespass in North Carolina. A reading of the article suggests that the availability of both legal and equitable remedies affords the North Carolina judge considerable latitude in fashioning relief to fit the particular facts of each case. The author covers the legal remedy of money damages, including stat- utory and restitutionary measures of damages, and the equitable rem- edy of injunction. INTRODUCTION Part I of this article considered the substantive law of trespass to land in North Carolina.** When substantive law determines that a trespass has been committed, there remains the problem of selecting an appropriate remedy. -
The Common Law and the Environment in the Courts
Case Western Reserve Law Review Volume 58 Issue 3 Article 5 2008 The Common Law and the Environment in the Courts Stuart Buck Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Stuart Buck, The Common Law and the Environment in the Courts, 58 Case W. Rsrv. L. Rev. 621 (2008) Available at: https://scholarlycommons.law.case.edu/caselrev/vol58/iss3/5 This Symposium is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. THE COMMON LAW AND THE ENVIRONMENT IN THE COURTS Stuart Buckt INTRODUCTION Numerous scholars over the past decade or two have argued for a renewed emphasis on common law solutions to environmental problems.' In this paper, I will begin by describing the basic common law institutions and principles that can be used to address environmental problems. I will examine both the successes and failures of common law actions in courts.2 As I argue below, the overriding question whether the common law is superior to agency regulation is indeterminate, both because there is no agreed-on definition of what counts as "superior," and because there is little solid empirical evidence as to the comparative efficacy of each type of legal institution. t Associate, Kellogg, Huber, Hansen, Todd, Evans & Figel, Washington, D.C.; J.D., Harvard Law School, 2000. -
Torts -- Trespass to Land -- Unintentional and Non- Negligent Entry As a Defense Wilton Rankin
NORTH CAROLINA LAW REVIEW Volume 36 | Number 2 Article 21 2-1-1958 Torts -- Trespass to Land -- Unintentional and Non- Negligent Entry as a Defense Wilton Rankin Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Wilton Rankin, Torts -- Trespass to Land -- Unintentional and Non-Negligent Entry as a Defense, 36 N.C. L. Rev. 251 (1958). Available at: http://scholarship.law.unc.edu/nclr/vol36/iss2/21 This Note is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. 1958] NOTES AND COMMENTS In Flake v. Greensboro News Co.,15 the Supreme Court of North Carolina recognized the right of privacy. But there is no indication in that case as to how the court would hold if confronted with facts similar to those in the Gouldman-Taber Pontiac case. EARmiNE L. POTEAT, JR. Torts-Trespass to Land-Unintential and Non-Negligent Entry as a Defense The early English common law imposed liability for trespass upon one whose act directly brought about an invasion of land in the posses- sion of another. It mattered not that the invasion was intended, was the result of reckless or negligent conduct, occurred in the course of ex- trahazardous activity, or was a pure accident; nor did it matter that no harm resulted. All that seems to have been required was that the actor did the act which in fact caused the entry.- It has been stated by eminent authority that, "The law on this sub- ject is undergoing a process of change. -
(ABSOLUTE) LIABILITY TORTS • General Rule
STRICT (ABSOLUTE) LIABILITY TORTS • General rule: • A defendant may be held liable in the absence of an intention to act or negligence in acting IF his conduct (or the conduct of those with whom he shares a special legal relationship) causes the Plaintiff loss or injury. • Strict liability: • Under the doctrine of strict liability, the Defendant may be held liable without acting intentionally, carelessly or unreasonably • In some instances, defences can be raised • (eg): employers are liable for the actions of their employees if they commit an act that results in loss or injury during the course and scope of their employment • Absolute liability: • Commission of a certain act serves as proof of a Tortious action resulting in liability • The essential issue is causation and not fault • There are no defences that can be raised • Vicarious Liability: • Several forms of vicarious liability: 1) Statutory Vicarious liability - (s192 Ontario Highway Traffic Act) – an owner of a vehicle accepts liability for any other driver using it with their knowledge - (Yeung v Au) 2) Principal/Agent relationship - A principal may be held liable for the Torts committed by an agent 3) Employer/Employee relationship - A Court can hold an employer liable, and an employee personally liable. - The doctrine of vicarious liability provides the Plaintiff with an alternative source of relief – this does not mean that the employee is relieved of responsibility. • I.R.A.C: (employer/employee relationship) • Issue: - The question is whether … (BASED ON THE EXAM PAPER…!!!) • Rule: - a Court can hold an employer vicariously liable, and an employee personally liable for the actions of the employee. -
Breach of Confidence - the Eedn for a New Tort - Watts V
Campbell Law Review Volume 8 Article 6 Issue 1 Winter 1985 January 1985 Breach of Confidence - The eedN for a New Tort - Watts v. Cumberland County Hospital System Kathryn B. Remick Follow this and additional works at: http://scholarship.law.campbell.edu/clr Part of the Evidence Commons, and the Legal Ethics and Professional Responsibility Commons Recommended Citation Kathryn B. Remick, Breach of Confidence - The Need for a New Tort - Watts .v Cumberland County Hospital System, 8 Campbell L. Rev. 145 (1985). This Note is brought to you for free and open access by Scholarly Repository @ Campbell University School of Law. It has been accepted for inclusion in Campbell Law Review by an authorized administrator of Scholarly Repository @ Campbell University School of Law. Remick: Breach of Confidence - The Need for a New Tort - Watts v. Cumberl BREACH OF CONFIDENCE-THE NEED FOR A NEW TORT-Watts v. Cumberland County Hospital System. INTRODUCTION When a patient divulges embarrassing, intimate, or even in- criminating information to a therapist he or she usually expects that such disclosures will be kept completely confidential. A wrongful disclosure by a therapist potentially injures a patient in two distinct ways.' First, the patient is injured by the adverse ef- fects flowing from the wrongful disclosure' and second, the wrong- ful disclosure destroys the patient's expectation that communica- tions will be kept confidential.' Since confidentiality is vital to the adequate functioning of a patient-therapist relationship, the legal protection of these confidences is necessary to promote a relation- ship that is beneficial to society. The North Carolina Court of Appeals in Watts v. -
Teaching Economic Torts Jay Feinman Rutgers University-Camden
CORE Metadata, citation and similar papers at core.ac.uk Provided by University of Kentucky Kentucky Law Journal Volume 95 | Issue 4 Article 4 2007 Teaching Economic Torts Jay Feinman Rutgers University-Camden Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the Legal Education Commons, and the Torts Commons Click here to let us know how access to this document benefits oy u. Recommended Citation Feinman, Jay (2007) "Teaching Economic Torts," Kentucky Law Journal: Vol. 95 : Iss. 4 , Article 4. Available at: https://uknowledge.uky.edu/klj/vol95/iss4/4 This Symposium Article is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact [email protected]. Teaching Economic Torts Jay M. Feinman1 The primary goal of this Article is to proselytize for the teaching of an eco- nomic torts course in the upper-level law school curriculum, particularly a course that focuses on the business torts that form the core of a typical non-personal injury civil litigation practice. In service of that goal, the Ar- ticle surveys traditional and contemporary efforts to define the scope of economic torts and to provide teaching materials, identifies some themes and issues in those efforts, and comments on teaching methods that are particularly appropriate for the course. Tort law is, of course, a staple of the first-year law school curriculum, and most tort courses spend the bulk of their time on issues arising out of physical injuries to persons and, to a lesser extent, property. -
Causation - in Context: an Afterword
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1987 Causation - In Context: An Afterword Richard A. Epstein Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Richard A. Epstein, "Causation - In Context: An Afterword," 63 Chicago-Kent Law Review 653 (1987). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CAUSATION-IN CONTEXT: AN AFTERWORD RICHARD A. EPSTEIN* The four principal papers in this symposium illustrate the rich di- versity of approaches that may be taken toward the question of causa- tion-long and rightly regarded as one of the central issues in the law. In this afterword, I shall address myself to some of the recurrent questions of causation that intrude themselves into the legal, economic and philo- sophical account of the subject. The purpose of this paper is to give some indication of the proper place that causation has in a comprehensive the- ory of tort law, indeed of civil obligation. The task, then, is to place causation back into the context from which it is all too often wrenched. In order to do that it is necessary to recanvass, in some degree, the major issues of tort law. Accordingly, the first section addresses the question of whether it is possible to have a baseline of property rights which distinguishes violence from competition, and thus allows the emer- gence of a theory of tort liability that depends heavily on causal concepts.