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This case was the beginning of the plenary power legal doctrine that has been used in Indian case law to limit tribal sovereignty. Elk v. Wilkins, 112 U.S. 94 (1884) An Indian cannot make himself a citizen of the United States without the consent and the co-operation of the United States Federal government. United States v.
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Palsgraf v. Long Island Railroad Co., 248 N.Y. 339, 162 N.E. 99 (1928), is a leading case in American tort law on the question of liability to an unforeseeable plaintiff.The case was heard by the New York Court of Appeals, the highest state court in New York; its opinion was written by Chief Judge Benjamin Cardozo, a leading figure in the development of American common law and later a United ...
Donoghue v. Stevenson: A formative House of Lords case. Caparo v. Dickman: 3 Tests for duty of care is whether the damage was reasonably foreseeable, whether there was a relationship of proximity between claimant and defendant; and whether it is just and reasonable to impose a duty. House of Lords case.
Scott v. Shepherd 96 Eng. Rep. 525 (K.B. 1773), commonly known as the "flying squib case", is an important English tort law case on remoteness and the principle of novus actus interveniens as it related to the division in law between trespass and "action on the case". [1]
The average change in tort filings was a 15% decrease. [98] The Bureau of Justice Statistics, a division of the Department of Justice (DOJ), found that the number of civil trials dropped by 47% between 1992 and 2001. [99] The DOJ also found that the median inflation-adjusted award in all tort cases dropped 56.3% between 1992 and 2001 to $28,000.
Decided November 17, 1948; Full case name: Charles A. Summers v. Howard W. Tice, et al. Citation(s) 33 Cal.2d 80 199 P.2d 1: Holding; When a plaintiff suffers a single indivisible injury, for which the negligence of each of several potential tortfeasors could have been a but-for cause, but only one of which could have actually been the cause, all the potential tortfeasors are jointly and ...
The Federal Employees Liability Reform and Tort Compensation Act of 1988, also known as the Westfall Act, is a law passed by the United States Congress that modifies the Federal Tort Claims Act to protect federal employees from common law tort lawsuit while engaged in their duties for the government, while giving private citizens a route to seek damage from the government for violations.