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Specifically, California courts had a history of holding exculpatory liability waivers within contracts to be valid only if they did not involve the "public interest." This case history arose in relation to Cal. Civ. Code §1668, a statute that states "All contracts which have for their object, directly or indirectly, to exempt anyone from ...
Regents of the University of California v. Superior Court of Los Angeles County , 4 Cal. 5th 607, 413 P.3d 656 (2018), was a case in which the Supreme Court of California held that universities owe a duty to protect students from foreseeable violence during curricular activities.
Because conversion of property is a strict liability tort, the court feared that extending property rights to include organs would have a chilling effect on medical research. Laboratories doing research receive a large volume of medical samples and cannot be expected to know or discover whether somewhere down the line their samples were ...
In the Harvard Law Review, Bowman and Mertz published an analysis of the Ramona case in the context of California courts’ history of third-party tort liability. They reported that the Ramona case was “atypical” and a “major diversion from the current state of tort law.” No adequate precedent for the third-party responsibility imposed ...
In Judge Hand's formulation, liability depends upon whether B is less than L multiplied by P (viz., whether B < P*L). U.S. Court of Appeals, 2nd Circuit. 159 F.2d 169. Vaughan v. Menlove, 132 Eng. Rep.490 (C.P. 1837): An important case in the definition of a reasonable person standard in which a man negligently stacks hay that catches fire.
In a 4-3 majority decision by Associate Justice Stanley Mosk, the court decided to impose a new kind of liability, known as market share liability.The doctrine evolved from a line of negligence and strict products liability opinions (most of which had been decided by the Supreme Court of California) that were being adopted as the majority rule in many U.S. states.
Last week, Bonta's office reported another real estate agent was charged for similar alleged price gouging, when a couple applied to rent a home, but after the application was received, they were ...
These cases are sometimes referred to as "third party premises liability" cases and they represent a highly complex and dynamic area of tort law. They pose especially complex legal issues of duty and causation because the injured party is seeking to hold a possessor or owner of property directly or vicariously liable when the immediate injury ...