Results 1 to 20 of 89 for casebook »  Torts »  Henderson, 7th Ed.
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Adams v. Cleveland-Cliffs Iron Co.

Michigan Court of Appeals | 602 N.W.2d 215 (1999)

A possessor of land in Michigan proving a direct or immediate intrusion of a physical, tangible object onto his land is presumptively entitled to recover at least nominal damages in trespass, however, noise, vibrations, and dust are intangible objects and therefore do not give rise to an action in trespass.

Adams v. Gillig

Court of Appeals of New York | 92 N.E. 670 (1910)

A contract is voidable if induced by fraud as to a matter material to the party defrauded.

Anderson v. Save-A-Lot, Ltd.

Tennessee Supreme Court | 989 S.W.2d 277 (1999)

In a worker’s compensation action, an injury arises out of, and in the course of, a plaintiff’s employment if there is a rational causal connection between the injury and the work and occurs while the employee is engaged in employment duties.

Baker v. Dennis Brown Realty, Inc.

New Hampshire Supreme Court | 433 A.2d 1271 (1981)

In New Hampshire, one who, without a privilege to do so, induces or otherwise purposely causes a third person not to enter into or continue a business relation with another is liable to the other for the harm caused.

Bang v. Charles T. Miller Hospital

Minnesota Supreme Court | 88 N.W.2d 186 (1958)

One cannot legally consent to an operation when he is not fully informed of the details of the operation.

Barber Lines A/S v. M/V Donau Maru

United States Court of Appeals for the First Circuit | 764 F.2d 50 (1985)

A plaintiff may not recover damages for negligently caused, foreseeable financial harm unless it is shown that he suffered some physical injury or otherwise meets some other special circumstance or exception to warrant award of damages.

Barton v. Bee Line, Inc.

Appellate Division of the Supreme Court of New York | 265 N.Y.S. 284 (1933)

One cannot be held civilly liable for rape in the second degree due to breaching the penal statute.

Beach v. Hancock

New Hampshire Supreme Court | 27 N.H. 223 (1853)

In an action for assault, the plaintiff must have suffered a reasonable apprehension of fear of bodily injury.

Borer v. American Airlines, Inc.

California Supreme Court | 563 P.2d 858 (1977)

A cause of action for loss of consortium is limited to the marital situation and cannot be maintained for loss of parental consortium.

Boyer v. Iowa High School Athletic Association

Iowa Supreme Court | 152 N.W.2d 293 (1967)

One may establish liability in negligence when it is not possible to identify the exact cause of the injury.

Brandon v. County of Richardson

Nebraska Supreme Court | 624 N.W.2d 604 (2001)

Extreme and outrageous conduct from a person in a position of power can give rise to an action for intentional infliction of emotional distress.

Burgess v. Superior Court

California Supreme Court | 831 P.2d 1197 (1992)

A mother may recover damages for negligently inflicted emotional distress against a physician who entered into a doctor-patient relationship with her for care during labor and delivery if her child is injured during the course of the delivery because she is a “direct victim” of the physician’s negligent acts.

Cahoon v. Cummings

Indiana Supreme Court | 734 N.E.2d 535 (2000)

A doctor can be held liable when, because of the doctor’s treatment, a patient lost the chance to survive, even if the doctor’s actions were not a substantial factor in causing the death of the patient.

Corva v. United Services Automobile Association

Supreme Court of New York, Appellate Division, First Department | 485 N.Y.S.2d 264 (1985)

In New York, damages may be apportioned among culpable parties regardless of the degree or nature of the concurring fault.

Courvoisier v. Raymond

Colorado Supreme Court | 47 P. 284 (1896)

If self-defense is pleaded in response to a battery claim, the jury must be instructed to consider the claim of self-defense.

Coyne v. Campbell

Court of Appeals of New York | 183 N.E.2d 891 (1962)

Free medical services provided to, or on behalf of, a plaintiff are not recoverable in a negligence action for damages.

Davis v. Georgia-Pacific Corp.

Oregon Supreme Court | 445 P.2d 481 (1968)

In Oregon, a plaintiff may seek damages for trespass based upon intrusions by non-tangible objects onto property and such damages may not be determined by weighing the utility of a defendant’s conduct against the harm suffered by the plaintiff.

Diaz v. Oakland Tribune, Inc.

Court of Appeals of California | 188 Cal. Rptr. 762 (1983)

In a cause of action for public disclosure of private fact, a plaintiff must prove that the information disseminated involved (1) public disclosure, (2) of a private fact, (3) which would be offensive and objectionable to a reasonable person and (4) which is not of legitimate public concern.

Dillon v. Twin State Gas & Electric Co.

New Hampshire Supreme Court | 163 A. 111 (1932)

One can be held liable for negligence when it is possible that the decedent would have died from a different cause.

Dow Chemical Company v. Castro Alfaro

Supreme Court of Texas | 786 S.W.2d 674 (1990)

The doctrine of forum non conveniens, abolished in Texas, provides discretion to a state court whether to accept a case where a more convenient forum exists.

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