| Custom as Proof of Negligence |
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| In some circumstances, custom may be used as proof of negligence in a personal injury action. For example, a worker in a sawmill is injured when he or she accidentally puts his or her hand onto the blade of an electric saw. More... |
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| Tort Action for Causing a Minor Child to Leave Home |
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| Under the common law, a person who compels or induces a minor child to leave his or her home or to not return to his or her home is liable to the parent of the minor child for damages. The parent who is legally entitled to custody of the minor child is entitled to file an action against the person. More... |
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| No Strict Liability for 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 a matter related to the fifth element, the prohibition against strict liability. More... |
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| Invasion of Privacy--Statutory Actions |
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| The law provides everyone with some basic rights to privacy. Privacy is the general right to be left alone and free from unwanted publicity. Unreasonable invasion of one's privacy can cause harm. More... |
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| Fraud Requires a Misrepresented "Fact" |
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| Liability for fraud exists when six elements are proven: (1) knowing, 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 second element, making a material misrepresentation. Liability for fraud requires the making of a false representation of a material fact. More... |
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