Personal Injury
| Alternative Causes of an Injury |
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| Ordinarily, a plaintiff in a personal injury action has the burden of proving that a defendant's negligence caused his or her injury. However, when a plaintiff proves that two defendants have committed negligent acts, and it is impossible to determine which act caused the plaintiff's injury, the burden of proof shifts to the defendants. Each defendant has the burden of proving that his or her negligent act did not cause the plaintiff's injury. More... |
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| Defense of Property |
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| Generally, a person has a legal right to use reasonable force to prevent the commission of a tort (such as trespass or conversion) against his or her property. Therefore, if a person uses force to prevent the commission of a tort against his or her property and he or she is sued for assault, battery, or another intentional tort, he or she may claim defense of property as a defense to the action. A person is required to make a request to desist before using force to defend his or her property unless such a request would be futile or dangerous.
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| Tort Law--Substance and Procedure |
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| Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. Law is sometimes divided into substantive law and procedural law. This article discusses the distinction between substantive law and procedural law as it relates to tort law and personal injury. More... |
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| Defamation and Protection of a Good Reputation |
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| The law of defamation exists to provide some protection to a person's deserved good reputation. What is a person's reputation? It is the esteem to which the person is held or regarded by others. A person who does good and does not cause harm to others tends to develop a good reputation. It can be beneficial to have a good reputation. Others may reasonably rely on a person's good reputation in dealing with that person. More... |
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| Fraud Requires Deceitfulness and Reasonable Reliance |
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| Liability for fraud exists when six elements are proven: (1) knowingly, recklessly, or without reasonable grounds, (2) making a material misrepresentation (3) to deceive another (4) who reasonably relies on the misrepresentation (5) causing that person (6) actual damages. This article discusses the third element, deceitfulness, and the fourth element, reasonable reliance. More... |
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