| Structured Settlements |
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| When a plaintiff brings a personal injury action against a defendant for damages and the parties decide to settle the case, they may enter into a structured settlement to compensate the plaintiff for his injury. Structured settlements are monetary awards for damages that are paid in installments over a period of time. They are frequently used to settle tort cases involving severe injuries in which large damages are sought (e.g., products liability, medical malpractice, and wrongful death cases) because of the defendant's inability to pay the amount in one lump sum. More... |
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| Interference with a Premarital Relationship |
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| Although there have been causes of action in the past for breach of a promise to marry, which causes of action were based on contract law, there has never been a cause of action in tort for alienation of affections with regard to an engaged person or for sexual intercourse with an engaged person.
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| Federal Volunteer Protection Act -- Exceptions |
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| The federal Volunteer Protection Act (VPA) grants immunity to a volunteer who causes harm to a person while the volunteer is performing services for a nonprofit organization or governmental entity. However, under some circumstances, a volunteer is not immune from liability for such harm. More... |
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| Defamatory Statements |
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| A lawsuit for defamation has the following basic elements: (1) making a false statement; (2) about a person; (3) to others; and (4) actual damages (if the harm to the person is not apparent). There is a fifth element when the person is a public official or public figure. In such a case, the person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the first element, making a false statement. A false statement of fact about a person that tends to harm the person's reputation is known as a defamatory statement. More... |
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| Specific Intent vs. General Intent |
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| In order to prove an intentional tort, such as assault or battery, the plaintiff must show that the defendant intended to commit the tort. Intent may be either specific or general.
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