| Parental Immunity |
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| Traditionally, the legal doctrine of "parental immunity" prohibited a minor, unemancipated child from suing his or her parent for personal injuries under any circumstances. The purpose of the parental immunity doctrine was to preserve family harmony, family assets, and parental authority over the care, discipline, and control of children. 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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| The Death on the High Seas Act |
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| In 1920, the United States Congress enacted the Death on the High Seas Act (DOHSA). Originally, the purpose of DOHSA was to help the widows of seamen who died in accidents at sea. Under DOHSA, a widow could file a wrongful death action against the seaman's employer or the owner of the vessel on which the seaman was working at the time of his death. The scope of the DOHSA has been greatly expanded since its enactment.
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| Federal Tort Claims Act -- Intentional Torts Exception |
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| The Federal Tort Claims Act (FTCA) applies to claims arising from the negligence of a federal government employee. The FTCA specifically bars claims that arise from an "intentional tort" committed by a federal government employee. 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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