Can liability extend to computer service repair persons outside of the remedies available within the seller's maintenance agreement?
Article Abstract:
The US Fifth Circuit Court of Appeals incorrectly held for Wang in Orthopedic and Sports Injury Clinic v Wang Laboratories, Inc, holding computer repair persons to a reasonable person rather than industry standard of care. The Court dismissed Orthopedic's contention of gross negligence because of a lack of evidence and denied the application of res ipsa loquitur doctrine because Wang did not have exclusive control of the computer. This case constitutes a failure on the Court's part to establish a malpractice standard for computer experts that is necessary to protect consumers.
Publication Name: Software Law Journal
Subject: Law
ISSN: 0886-3628
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
Negligence ebbs as basis for title insurer liability; more courts hold that only the terms of a policy should be grounds for insurer liability
Article Abstract:
Courts in several Northeastern states have abandoned the theory of search duty on the part of a title insurance company, holding that title searches are made for the insurer's, not the insured's, benefit. These courts look to the policy alone to determine the insurer's liability. The insurance protects a buyer of real estate from loss or damage arising from a defect in title. Negligence in carrying out a related title search may make the insurer more likely to pay out, but does not give the insured further rights.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
Surrogate mother prevails in negligence suit
Article Abstract:
The Sixth Circuit ruled in Stiver v. Parker that a surrogate mother could sue for negligence against the attorney and doctors who arranged the surrogacy contract. The court ruled that a special duty was owed to the surrogate mother by the defendants to protect her from foreseeable harm because they expected to profit from the surrogacy program.
Publication Name: Law, Medicine & Health Care
Subject: Law
ISSN: 0277-8459
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Recalling the papers and the papers. Keynote address: state of the union for the law of the new millennium, the Internet, and the First Amendment
- Abstracts: The role of the corporate attorney within the takeover context: loyalties to whom? SEC enforcement actions against securities lawyers: new remedies vs. old policies
- Abstracts: When should computer owners be liable for copyright infringement by users? Internet road shows: It's time to open the door for the retail investor
- Abstracts: Standing to allege violations of the doctrine of specialty: an examination of the relationship between the individual and the sovereign
- Abstracts: Now sixteen could get you life: statutory rape, meaningful consent, and the implications for federal sentence enhancement