| Autor: |
Schwartz, Victor E., Appel, Christopher E. |
| Předmět: |
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| Zdroj: |
Southwestern Law Review; Spring2024, Vol. 52 Issue 3, p512-542, 31p |
| Abstrakt: |
The article explores the controversy surrounding the proposed medical monitoring rule in the Restatement (Third) of Torts. The rule would allow uninjured claimants to recover medical monitoring expenses, but critics argue that it does not align with existing common law and raises concerns about unlimited liability and practical difficulties. The article concludes that courts should adhere to the traditional present injury requirement in medical monitoring cases and reject the proposed rule. The American Law Institute (ALI) is discussed as an influential organization in American law, but it has faced criticism for departing from its mission to promote clarity and uniformity in the law. [Extracted from the article] |
| Databáze: |
Complementary Index |
| Externí odkaz: |
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