| Vicarious Liability |
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| A person may be liable for a tort even if he or she committed no wrong against a plaintiff. The doctrine of vicarious liability imposes liability on a person because of his or her relationship with the wrongdoer. The wrongdoer's liability is actually imputed to that person.More... |
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| Publication of a Defamation |
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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. The person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the third element, making a statement to others, known as publication.More... |
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| TORT LIABILITY OF MUNCIPALITIES |
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| When a municipality is acting within its governmental capacity or is performing a governmental function, such as providing water or utility services, it is generally not liable for negligence with regard to the governmental function. However, if the municipality is acting in a proprietary manner, that is, when it owns or maintains real or personal property, the municipality may be liable for the negligence of its representatives, agents, and employees.More... |
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| Bad Faith Delay or Denial of Payment by Insurer |
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| Every contract imposes upon the parties to the contract the duty of good faith and fair dealing, which requires the parties to act so as not to injure each other's right to the benefit of the agreement. Such a duty applies to an insurer and an insured, who agree to the terms of an insurance policy.More... |
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| Defenses to Torts Involving Interference with a Marital Relationship |
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| Even though most torts involving interference with a marital relationship have been abolished in most states and are rare in states that still allow a cause of action for the torts, a third party who is accused of such torts has certain defenses or privileges with regard to the torts. Such defenses or privileges include when the third party is merely giving advice or when a spouse consents to or condones the third party's conduct.
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