The subject matters under this label include: Intentional Torts Against the Person: “Intent” Defined; Nominal and Punitive Damages; Scope of Liability; Battery; Assault; False Imprisonment; Mental Distress; Intentional Interference with Property: Land Trespass, Trespass to Chattles; Conversion Defenses to Intentional Torts: Consent, Self-Defense, Defense of Others, Defense of Property; Arrest; Authority of Law; Justification; Negligence Generally: Components; Unreasonable Risk; Reasonable Person; Rules Governing Behavior; Malpractice; Violation of Statutes; Jury Trials; Res Ipsa Loquitur; Actual & Proximate Cause: Causation in Fact, Foreseeability, Intervening Cause; Joint Tortfeasors: Liability, Satisfaction, Release, Contribution; Indemnity Duty: Failure to Act; Effect of Contract; Mental Suffering; Unborn Children; Pure Economic Loss Owners and Occupiers of Land: Outside Premises, Injuries on Premises, Trespassers, Licensees, Invitees; Rejection of Categories; Lessors & Lessees; Vendor & Vendees; Damages: Personal Injury, Punitive, Recovery by Spouse of Children Wrongful Death Actions; Defenses in Negligence Actions: Contributory, Comparative, Assumption of Risk, Immunities; Vicarious Liability: Employer-Employee, Independent Contractors, Joint Enterprise; Strict Liability: Animals, Abnormally Dangerous Activities, Limitations on Strict Liablity; Worker’s Compensation; Products Liability: Negligence, Warranty, Strict Liability, Duty to Warn, Designer Defects; Defenses; Statute of Limitations; Nuisance: Public, Private; Misrepresentation; Defamation.
Products Liability in United States That field of law which addresses defective products. A defective product gives rise to a presumption of negligence and the plaintiff may have a cause of action against the producer as well as against the seller and possibly even against intermediaries in […]
Parent Corporation in United States Practical Information Note: Some of this information was last updated in 1982See subsidiary corporation (in U.S. law).(Revised by Ann De Vries) What is Parent Corporation? For a meaning of it, read Parent Corporation in the Legal Dictionary here. Browse and […]
Tort in the United States Introduction A private or civil injury to a person or property. An injured party may bring suit, but tort actions do not represent a major portion of civil case filings. Rather, such claims are typically resolved prior to the filing of a lawsuit. The potential for […]
Emotional Distress in the United States Kinds of Torts: Torts Based on Negligence Emotional Distress Introduction to Emotional Distress Some states allow a claim for negligent infliction of emotional distress for purely psychological injury. For example, in some jurisdictions a person who […]
Tortious Interference with Real Estate Lease This section discusses generally the subject of Tortious Interference with Real Estate Lease, how to determine the facts essential to Tortious Interference with Real Estate Lease, and, to some extent, how to prove it in litigation and defense. […]
This section discusses generally the subject of Toxic Liver Injury, how to determine the facts essential to Toxic Liver Injury, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.
Tortious Interference with Real Estate Broker's Contractual Relationship with Seller This section discusses generally the subject of Tortious Interference with Real Estate Broker's Contractual Relationship with Seller, how to determine the facts essential to Tortious Interference with […]
Tortious Intereference with Contractual Relationship Involving Sale of Real Estate This section discusses generally the subject of Tortious Intereference with Contractual Relationship Involving Sale of Real Estate, how to determine the facts essential to Tortious Intereference with Contractual […]
Tort Liability for Failure to Provide Computer Disaster Recovery Measures This section discusses generally the subject of Tort Liability for Failure to Provide Computer Disaster Recovery Measures, how to determine the facts essential to Tort Liability for Failure to Provide Computer Disaster […]
Business Tort In Commercial Litigation Controversies Breach of Contract and Business Tort were the most important types of commercial litigation … Read more
Toxic Torts: Proof of Medical Monitoring Damages for Exposure to Toxic Substances This section discusses generally the subject of Toxic Torts: Proof of Medical Monitoring Damages for Exposure to Toxic Substances, how to determine the facts essential to Toxic Torts: Proof of Medical Monitoring […]
Governmental Immunity Doctrine in the United States Immunity from Tort Liablity Note: an overview of this issue is avaliable here. In Texas In Southwestern Law Journal (vol. 23 p. 341, May 1969), titled The Governmental Immunity Doctrine in Texas – An Analysis and Some Proposed […]
Tort Law in the United States Introduction to Tort Law Tort derives its status from the Latin word for twisted, and comes to us from the Anglo-French derivation for a wrongful or illegal act involving injury. Summary The principles of tort law pervade modern society because they spell out […]
Governmental Immunity in United States Governmental Immunity Definition Sovereign Immunity in this Legal Encyclopedia Sovereign Immunity definition in the Law Dictionary Governmental immunity meaning The principle of the common law is that “the king can do no wrong” – that is that there be […]
Intentional torts in United States Introduction For every intentional tort there is a corresponding crime. Thus the tort of assault / the crime of assault, the tort of battery / the crime of battery etc. The intentional torts are those torts committed not through negligence or under a […]
Immunities Government in the United States Foreign States, Components, and Political Subdivisions in the Foreign Sovereign Immunities Act of 1976 Foreign state or government According to research about Immunities Government from the Federal Judicial Center:Clearly the FSIA applies to a […]
Responsibility of the Government in the United States Responsibility of the Government and the Rise of the Cotton Kingdom (1820–1851) In the book The Suppression of the African Slave Trade to the United States of America 1638-1870 (1), W. E. B. Du Bois explained the following: Not only did […]
International Torts in the United States International Torts in the Context of International Torts Contemporary Approaches to Choice of Law Applicable to Torts in International Civil Litigation Analysis of the Contemporary Approaches to Choice of Law Applicable to Torts in relation with the […]
Choice of Law Clause in the United States Choice of Law Clause in the Context of International Contracts Choice of Law Applicable to Contracts in International Civil Litigation Analysis of the Choice of Law Applicable to Contracts Resources See Also Choice of Law Rule Judicial Branch […]
Territoriality in the United States Territoriality in the Context of International Torts Traditional Approach: Territoriality and Vested Rights in International Civil Litigation Analysis of the Traditional Approach: Territoriality and Vested Rights in relation with the Choice of Law Applicable […]
Choice of Law Applicable to Torts in the United States Choice of Law Applicable to Torts in the Context of International Torts Choice of Law Applicable to Torts in International Civil Litigation Analysis of the Choice of Law Applicable to Torts Resources See Also Choice of Law Rule Judicial […]
False Tautology in the United States False Tautology and Governmental Immunity from Tort Liability Note: there is more information about the Governmental Immunity from Tort Liability here. Regarding the inclusion of liability in the purpose of Government: Circular Argument or false […]
Torts in the United States Introduction to Torts Because injuries to one’s body, mind, or well-being are the bread and butter for most lawyers, it’s ironic that the term used by the legal profession to describe personal injury is so obtuse. Tort derives its status from the Latin word for […]
Tort Claims in the United States Tort Claims Under Federal Statutes Introduction to Tort Claims Congress has enacted several laws that allow a person to bring a claim that resembles a tort claim. Although the harmful actions that these federal statutes attempt to prevent or remedy are not […]
Vested Rights in the United States United States Constitution According to the Encyclopedia of the American Constitution, about its article titled VESTED RIGHTSVested rights are claims enforceable under law. Early in the history of the Republic, an assertive concept of vested rights became […]
Criminal Defamation in the United States Defamation is not a crime, but it is a tort (a civil wrong, rather than a criminal wrong). Criminal Defamation Cases On February 19, 1847, the snowbound survivors of the ill-fated Donner Party were rescued in the Sierra Nevada Mountains near […]