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1. A Brief Overview of Tort Law
Introduction A tort is a civil breach committed against another in which the injured party can sue for damages. In personal injury cases, the injured party will attempt to receive compensation in order to recover from damages incurred. Tort law decides whether a person should be held legally responsible for injury against another, and what type of compensation the injured ..
2. A Full Overview of Domestic Relation Torts
Domestic Relations is an evolving area of Tort Law which deals with a family's inner workings. The evolution of Domestic Relations Tort has not only shaped the way that family's may collect for damages or interference to the family unit itself resulting from tortious conduct; it has shaped the way husbands, wives, children and legal guardians are viewed as legal entities...
3. A Full Overview of Products Liability
Products Liability is a field of tort law which concerns the responsibility of the manufacturer or vendor of a product to ensure that products are safe and do not cause injury. Products subjected to liability include all consumer goods, medical devices, commercial/personal vehicles, aircraft and consumable goods such as food and prescription drugs. As it is the duty of a produc..
4. Abnormally Dangerous Substances or Activities
Stemming from all the way back into the late 19th century, strict liability concerning dangerous substances such as toxic wastes has been a growing issue and area of practice. Instances concerning these usually involve those in which commonly-held hazardous materials are maintained in equally dangerous areas. It would be different, for instance, if explosives were stored i..
5. Abolition of Category Laws
Following a statute in England, the United States joined in the abolition of laws that classify those that lawfully enter a propertyownersOnce certain laws were passed as the primary steps toward such a change, individual states began to abolish the categorization on their own. Following by example, more and more jurisdictions gathered and universally agreed to do the same. Spe..
6. An Overview of Nuisance
History/Meaning:The term nuisance first emerged in the thirteenth century and referred to actions that took place on the land of the defendant, but interfered with the rights of the plaintiff. A writ of nuisance could be obtained to take action against the defendant. This action gave rise to the modern day private nuisance, and eventually public nuisance, which was any crime th..
7. An Overview to Compensation Systems in Tort Law
In tort cases, victims often receive compensation, including monetary judgments. However, some judgments include other factors such as, the accused, publicly admitting guilt. In most jurisdictions, the courts have placed limits, or judgment ranges, which depend on specific factors found in the case. In most cases, victims that sustain injuries receive a judgment which maxe..
8. An Overview to Economic Relation Torts
Torts of Economic Relations are allegations of direct interference with business relationships, agreements or prospects, which result in quantifiable losses. When suing for Torts of Economic Relations, it is important that the plaintiff be able to prove that the defendant acted intentionally with knowledge of his or her own actions, and that the subsequent actions were injuriou..
9. Basis of Responsibility in Misrepresentation and Disclosure Cases
The basis of responsibility in cases of misrepresentation, and nondisclosure is based on a comprehensive nexus between disclosure and liability, both of which combine to determine the extent one party has over the services or product they represent in a tort law situation. What the basis of responsibility seeks to ascertain is the level to which an individual can be held accoun..
10. Definition of Burden of Proof for Negligence
Burden of proof negligenceSince the plaintiff has these as a burden of proof over the the defendant, let's begin by looking at an example to gain a better understanding of the matter. Say a person has purchased a coffee machine from a well known brand. This person happens to burn their hand severely by touching an area of the coffee machine which was severely hot, and had..
11. Facts About Defamation You Must Know
Defamation Defined:Defamation, which is also referred to as slander (spoken form of defamation), calumny, and libel (written or broadcasted forms of defamation) is the direct communication of a statement, which delivers a claim that is expressly stated or implied to be factual and gives an individual, a business entity, a group, government body or product a negative image.Defam..
12. False Imprisonment at a Glance
Intention to commit false imprisonment clarifies awareness by the imprisoning party that no such authority of jurisdiction to detain another exists, and that the offender knowingly intends to hold the detainee against their will. Restraint elements consist of "total restraint", which stipulates that the detainee must be unable to escape without risking their safety within ..
13. Federal Tort Claims Act Text
Text of the Federal Tort Claims Act:
-CITE-
28 USC CHAPTER 171 - TORT CLAIMS
PROCEDURE 01/07/2011
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART VI - PARTICULAR PROCEEDINGS
..
14. Intangible Economic Losses
The focus of intangible economic loss for jury compensation. To help set guidelines to direct jury awards for Intangible Economic Losses in product liability suits, many state courts have set caps on jury awards based on severity of injury. The caps not only seek to eliminate overzealous, large pain and suffering awards, but also seek to standardize and guide awards who ha..
15. Know the Deficiencies in Liability Insurance
There are many deficiencies in liability insurance, including its utilization as a loophole for the accused. When individuals know ahead of time that they have adequate liability insurance, they may not be as cautious as they should be. There are many people that claim that Doctors do not fear lawsuits for malpractice, because they know that they have adequate liability insuran..