Volume 1986
Article 3
1-1-1986
Table of Contents
Boston College Annual Survey of Massachusetts Law
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TABLE OF CONTENTS
CHAPTER 1
CONTRACTS
§ 1.1. Personal Liability Arising From the Use of D/B/A in Corporate Signatures and Court's Unwillingness to Infer Liquidated Damages Clause from an Escrow Arrangement
§ 1.2. Incorporation of a General Contract's terms in a
Subcontract 8
§ 1.3. Vicarious Liability for Multiple Damages Under
Chapter 93A 14
CHAPTER 2
CORPORATIONS
§ 2.1.
§ 2.2. § 2.3.
Application of the business purpose and fairness test to public corporations where a director/controlling stockholder stands on both sides of a merger transaction
Fiduciary Duty - Closely Held Corporations Valuation of Stock: Sarrouf v. New England Patriots
Football Club, Inc.
CHAPTER 3
CRIMINAL LAW AND PROCEDURE
§ 3.1.
§ 3.2.
§ 3.3.
§ 3.4. § 3.5.
§ 3.6.
Violations of Pretrial Conference Reports and Preservation of Evidence- Criminal Defendant's Right to New Trial
Jury Instructions - Presumptions of Intent Drug Paraphernalia Law Not Unconstitutionally
Vague
Massachusetts' Three-Prong Obscenity Test Knock and Announce Rules - Search and Seizure Fraudulent Intent -- A Required Element of the
Crime of Appropriation
CHAPTER 4
DOMESTIC RELATIONS
§ 4.1.
§ 4.2. § 4.3.
§ 4.4. § 4.5.
§ 4.6.
§ 4.7.
§ 4.8.
EVIDENCE
The Adverse Inference from Failure to Testify in Child Custody Cases
Contract in Derogation of Marriage Divorce Decrees - Survival and Specific
Enforcement of Separation Agreements
The Admissibility of HLA Testing in Paternity Suits Authority of Juvenile Courts to Order Parents to
Submit to In-Home Investigations by the Department of Social Services of Alleged Child Abuse
Payment of Attorney Fees in Divorce Action Following Death
The Effect of a Separation Agreement Absent an Absolute Divorce Decree
Cohabitation after Divorce: Not Enough to
Terminate Alimony where Cohabitation Provision is Merged in the Judgment
CHAPTER 5 99 106 113 119 127 133 141 148
§ 5.1. · Expert Testimony in Legal Malpractice Actions 159 § 5.2. The Independent Relevance Exception to the Rule
Against Admissibility of Prior Misconduct
Evidence 164
§ 5.3. Social Worker Privilege 171
§ 5.4. Impeaching a Defense Witness' Credibility for Failure to Provide Exculpatory Information to
Law Enforcement Officials 183
§ 5.5. Expanding the Scope of the Spontaneous Exclamation Exception to the Rule Against
Hearsay 189
CHAPTER 6
PROPERTY
§ 6.1. A Strict Necessity Standard for the Implication of Municipal Authority from Legislative Enabling
Registration Decrees
§ 6.3. Termination Clauses in Purchase and Sale Agreements
§ 6.4. Limited Common Areas and the Massachusetts Condominium Statute
CHAPTER 7
CONFLICT OF LAws
§ 7 .1. Annulment of Marriage - Decree Entitled to Full
209
215
221
Faith and Credit 229
§ 7 .2. Forum Non Conveniens: Massachusetts Cause of
Action Dismissed 232
§ 7.3. Workers' Compensation- Massachusetts Law Applied Barring Tort Suit Against Fellow
Employee 235
§ 7 .4. Statute of Limitations - Borrowing Statute Bars
Cause of Action 239
CHAPTER 8
ZoNING AND LAND UsE
§ 8.1. § 8.2.
§ 8.3. § 8.4. § 8.5.
§ 8.6. § 8.7. § 8.8. § 8.9. § 8.10. § 8.11.
§ 8.12.
§ 8.13. § 8.14. § 8.15. § 8.16.
§ 8.17.
Boston Linkage Payments: Authority
Nonconforming uses: Expansion of Residential Use Nonconforming use: Notice of Decision
Dover Amendment and Licensing Power
Exemption for Educational Purposes: Breadth of Coverage
Zoning Exemption for Religious Use: Extent
Subdivision Control: Changes Affecting Landowners Constructive Grant: Statutory Uncertainty
Historic District: Certificate of Appropriateness Minimum Lot Size: Grandfathering
Lot Size: Authorization of Special Permits for Existing Structures
Variance: Need to Show True "Hardship" Variance: Constructive Grant
Variance: Time of Exercise
Variance: Tenant's Standing to Challenge
Taking: Performance By Commonwealth of Private Landowner's Duty to Abate Nuisance
Historic districts: Scope of Review
CHAPTER 9
WoRKERs' CoMPENSATION
§ 9 .1. Compensation for Injuries in Auto Accident En Route to Medical Treatment for Work-Related
~~
m
§ 9.2. Injury in auto accident returning from dinner and evening recreation as arising "In Course Of" employment; Rights of Massachusetts employees
temporarily on duty 283
§ 9.3. Prima Facie Evidence: Chapter 152, Section 7A,
Presumptions and Burdens of Proof 298 § 9.4. Mutual Mistake at Time of Settlement: Rescission
Approved by Industrial Accident Board 292
CHAPTER 10
PRODUCTS LIABILITY
§ 10.1. Warranty Protection Not Extended to Bailment
Situations 305
§ 10.2. Admissibility of "State of the Art" as a Defense in
Products Liability Actions 310
§ 10.3. "Duty to Warn" Applicable Where Product Itself
Found Not Defective 311
§ 10.4. Manufacturer's "Duty to Warn" Alleviated by
Superseding Misuse of Product 312 § 10.5. Warranty and Negligence Claims Are Distinct
Causes of Actions in Massachusetts - Differing
Results Allowed on Each Count 313
CHAPTER 11
TORTS
§ 11.1. Tort Claims Act - Recovery Limitation
-Constitutionality - Multiple Claims - Wrongful
Death 315
§ 11.2. Tort Claims Act - Sole Cause Rule - Comparative
Negligence Statute 318
§ 11.3. Tort Claims Act- Public Nuisance 319 § 11.4. Tort Claims Act - Presentment - Third Party
Related Torts 322 § 11.6. Negligence- Insurance Agent's Failure to Obtain
Insurance 324
§ 11.7. Wrongful Death - Recovery by Multiple Parties
-Automobile Insurance Liability Limitations 326 § 11.8. Violation of Statutes Protecting the
Environment-Public Nuisance - Public Duty Doctrine 328 § 11.9. Loss of Consortium - Loss of Parental Society
-Comparative Negligence 331 § 11.10. Contribution - Massachusetts Tort Claims Act 333 § 11.11. Statute of Limitations - Discovery Rule 334 § 11.12. Statutes of Limitations and Repose-Architects,
Engineers and Contractors 335
CHAPTER 12
LABOR AND EMPLOYMENT LAW
§ 12.1. Introduction 341 § 12.2. The Enforcement of Public Sector Arbitration
Awards Under Chapters 150E and 150C 341 § 12.3. The Timeliness of Applications to Vacate Arbitration
Awards Under Chapter 150C 348 § 12.4. The Right to Judicial Review of Labor Relations
Commission Determinations Under Chapter 150E,
Section 11 349
§ 12.5. The Authority of the Civil Service Commission
Under Chapter 31 Section 41 354 § 12.6. Discharge of an At-Will Employee for Reasons
Which Violate Public Policy 358 § 12.7. The Use of Polygraph Testing on Employees 360 § 12.8. The Amendment to Chapter 150E 365
CHAPTER 13
INSURANCE LAw
§ 13.1. "Motor Vehicle Liability" Exclusion in Homeowners Policy - Severability of Interests - Additional Insured- Homeowners' Negligent Supervision of
Minor's Driving 369 § 13.2. Excessive Indemnification- Amount of Recovery
for Wind and Water Loss- Pro Rata Apportionment of Loss - Other Insurance
§ 13.3. Penal Sum of Bond Defines Surety's Liability-"Per Occurrence" Interpretation Rejected for
Surety Bonds 380
§ 13.4. Wrongful Death Damages- Loss of Consortium and Society - "Per Person" or "Per Accident"
Limits 384
§ 13.5. Liquor Liability Exclusion- Obligation of Insurer to Defend Insured When Necessary Elements For
Exclusion Are Not Present 387
§ 13.6. Care, Custody and Control Exclusion- Allegations of Complaint Reasonably Susceptible of
Interpretation of Claim Covered By Policy
-Effect of Insurer's Wrongful Failure to Defend 390
§ 13.7. Surplus Line Insurer - Interpretation of Stamlard Fire Policy - Interest Payable on Fire Loss -Scope of Statutory Reference as to Loss and
Value 392
§ 13.8. Waiver of Subrogation Clause- "All Risk" Policy
- AlA Form Construction Contract 397
§ 13.9. "Stacking"- Distinction Between Mandatory .and Optional Coverages - U nderinsured Motorist
Coverage - "Regular Use" Exclusion 400
§ 13.10. Stacking of Coverages- Medical Payments Coverage of Personal Auto Policy - "Regular
Use" Exclusion 405
§ 13 .11. Intentional Destruction of Insured Property
-Insured's Failure to Rebut evidence of Intentional
