Fear of AIDS damages in negligence actions

Article Abstract:

Fear of AIDS litigation is becoming more common, and states have begun to develop standards for such cases. Even states with similar standards may apply them very differently, however. The most common standards include the 'actual exposure' standard, in which plaintiffs can show actual exposure to tainted blood, a more liberal reasonableness standard, and California's more strict standard, which requires a high likelihood of actually contracting AIDS for damages to be awarded.

Remedies, AIDS phobia, states

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Reining in tort liability claims based on breach of contract - the economic loss rule

Article Abstract:

The economic loss rule is undergoing a resurgence in the courts, making it a popular defense against tort claims based on breach of contract. If such claims are for economic loss not accompanying any physical injury or property claims, courts are likely to treat the matter as a contractual one rather than a tort. Numerous exceptions to the economic loss rule have been adopted by the courts, but such exceptions are becoming more rare. Relevant case law is discussed.

United States, Cases, Breach of contract, Pure economic loss doctrine, Economic loss doctrine

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