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This opinion led to changes in the law in many other states in the United States, and is viewed as a seminal opinion in the development of the law of premises liability. There must be negligence—a breach of the duty of care—or some other wrongful act. In recent years, the law of premises liability has evolved to include cases where a person ...
Property Rules, Liability Rules and Inalienability: One View of the Cathedral is an article in the scholarly legal literature (Harvard Law Review, Vol.85, p. 1089, April 1972), authored by Judge Guido Calabresi (of the United States Court of Appeals for the Second Circuit) and A. Douglas Melamed, currently a professor at Stanford Law School.
In property law, the American rule of possession states that a landlord is obligated only to deliver legal possession, but not actual possession, of a leased premises to a tenant. Thus, if a tenant arrives at a leased premises only to discover that it is still inhabited by a previous tenant who is holding over, or by squatters, it is the tenant ...
Shelley v. Kraemer, 334 U.S. 1 (1948), is a landmark [1] United States Supreme Court case that held that racially restrictive housing covenants (deed restrictions) cannot legally be enforced.
Lateral and subjacent support, in the law of property, describes the right a landowner has to have that land physically supported in its natural state by both adjoining land and underground structures.
These state laws, mostly passed between 1965 and 1985, take several forms. South Carolina bans the practice outright: ...
Propertarianism, or proprietarianism, is a political philosophy that reduces all questions of law to the right to own property. [1] On property rights , it advocates private property based on Lockean sticky property norms , where an owner keeps their property more or less until they consent to gift or sell it, rejecting the Lockean proviso .
Assumption of risk is a defense, specifically an affirmative defense, in the law of torts, which bars or reduces a plaintiff's right to recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which the plaintiff was participating at the time of their injury.