Most of the tort cases during the survey period do not involve any significant changes in the law. Mindful of the necessity of stability and predictability, and of a tradition of even-handed continuity, our courts have been naturally hesitant to upset established rules. However, in a few areas (injuries to unborn children, application of the immunity doctrine to a minor whose disability is removed, scope of liability for negligent misrepresentation) the courts have been faced with new problems and changed conditions. In these areas the decisions frankly accept responsibility for some development of legal doctrine to keep it responsive to the needs of the times, thus maintaining both creativity and continuity in the law of torts.
Dix W. Noel,
Torts -- 1962 Tennessee Survey,
16 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol16/iss3/27