avoidable consequences torts

Receive alerts:
by e-mail
E-mail Your information will be added to a database with the sole purpose of serving your subscription. This database is the exclusive property of vLex Networks S.L. and will never be shared with any other company. By sending your request you accept the Data Protection Policy of vLex Networks S.L. I have read and accept the Terms of Use
via RSS

162 documents for avoidable consequences torts

- Bruesewitz v. Wyeth LLC, 562 U.S. (2011)
...Owen, Prosser and Keeton onLaw of Torts 695 (5th ed. 1984); Restatement (Third) of Torts �...Opinion of the Court others are avoidable."38 That is not so. The "if" clausemakes total se... leads to veryserious and damaging consequences when it is injected"; ------ 4 Comment k provides ...
- U.S. Supreme Court
- Torts As Wrongs
All of the standard substantive first-year law courses seem to address a basic legal category. All, that is, save one. Property is about the relationship of persons to things that can be owned and alienated. Criminal Law, at its core, concerns rules so important that their violation elicits from the state its harshest action: punishment. The odd man out, it seems, is Torts. As it tends to be taught today, Torts is accident-law-plus. Its most noted chestnuts involve claims for negligence or strict liability. The goal of this article is to put people back on track, not just pedagogically but theoretically. Tort is indeed a basic category of law. To see this, however, one must abandon the notion, now deeply entrenched, that tort law is law for allocating the costs of accidents. As its name...

... of A' s actions, thus rendering it avoidable in principle through the exercise of what the law ... subject of moral evaluation, not consequences. So if torts cannot be deemed wrongs without being...
- Texas Law Review
- Vol. 88 Nbr. 5, April 2010
- Mary Vizzini, Administratrix of the Estate of Salvatore Vizzini, Deceased, v. Ford Motor Company C/O C. T. Corp. System, Appellant., 569 F.2d 754 (3rd Cir. 1977)
...'s earning capacity, the income tax consequences of the matter should not be taken into considerati... doctrine on the Restatement (Second) of Torts, § 402A. Following the Restatement's reasoning, P... is admissible under the doctrine of avoidable consequences to prove plaintiff's failure to mitig...
- Federal Circuits

- U.S. consumer protection law: a federalist patchwork.
...--i.e., the non-statutory decisional law of torts and contracts--may offer aggrieved consumers an ex... public attention on the negative consequences of an unregulated national marketplace on public h... to consumers which is not reasonably avoidable by consumers themselves and not outweighed by coun...
- Defense Counsel Journal
- Vol. 78 Nbr. 3, July 2011
- Silver Sage Partners, Ltd., Robert E. Fillet, Paul Saben, Richard L. Earlix, Michael S. Linsk, Plaintiffs-Appellants, v. City of Desert Hot Springs, Desert Hot Springs City Council, John Isaacs, Mayor, Daniel Been, Mike Segrist, Sue Wood, Defendants-Appellees., 251 F.3d 814 (9th Cir. 2001)
...See RESTATEMENT (SECOND) OF TORTS: AVOIDABLE CONSEQUENCES§ 918(1). 13 The partners...
- Federal Circuits
- Federal Insurance Company, as Subrogee of Commonwealth Oil Refining Co., Inc., Plaintiff-Appellant-Cross-Appellee, v. Sabine Towing & Transportation Co., Inc., Defendant-Appellee-Cross-Appellant., 783 F.2d 347 (2nd Cir. 1986)
... has less dire (and less costly) consequences. A cargo contaminated beyond the specification lim... by application of the doctrine of "avoidable consequences." Restatement (Second) of Torts Sec. ...
- Federal Circuits
- Tribute to Judge Betty Binns Fletcher
... in Tacoma, saying "Daddy, I got an A in Torts." I don't know if this is a true story. But I do k... Sometimes a judge decides a potentially avoidable hard question knowing that an en banc call is like...'s decision is erroneous, and the consequences that would flow from allowing an erroneous decisio...
- Washington Law Review
- Vol. 85 Nbr. 1, February 2010
- Thomas J. Tacket, Plaintiff-Appellant, v. General Motors Corporation, Defendant-Appellee., 836 F.2d 1042 (7th Cir. 1987)
...Restatement (Second) of Torts § 577(2) (1977) states this principle:. One who i... district court invoked the doctrine of avoidable consequences. See Prosser & Keeton, Torts § 65 (5...
- Federal Circuits
- Dolan v. United States Postal Service Et Al., 546 U. S. (2006)
... may be liable if postal workers commit torts under local law, but not for claims defined by the... §2680(b) are at least to some degree avoidable or compensable through postal registration and ins... independently of the nature of their consequences. See 465 U. S., at 855 (excluding "negligent handl...
- U.S. Supreme Court
- Mary Christine Smith, Plaintiff-Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Defendant-Appellee., 376 F.3d 529 (6th Cir. 2004)
...The Court held that "the doctrine of avoidable consequences does not apply to intentional or conttinuous torts to which the city's actions [ denying a reasonable...
- Federal Circuits