Personal Injury
| 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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| Personal Injury Actions between Spouses |
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| When spouses commit torts against each other, a cause of action may or may not be available to the injured spouse. It depends upon the jurisdiction and the type of injury. More... |
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| Liability for a Person's Suicide |
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| Traditionally, courts refused to hold a person or entity liable for a person's suicide. Suicide was considered an illegal, deliberate and intentional act that broke the chain of causation between any negligent or intentional conduct and the suicide. More... |
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| Federal Volunteer Protection Act -- Overview |
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| The Volunteer Protection Act (VPA) is a federal law that was designed to promote volunteerism by granting civil immunity to volunteers under certain circumstances. The VPA was signed into law by President Clinton in 1997. More... |
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| Federal Tort Claims Act -- Notice of Claim |
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| Under the Federal Tort Claims Act (FTCA), a person who plans to file a personal injury action against the federal government must present a written "notice of claim," or "administrative claim," to the government agency that is allegedly responsible for the injury. A notice of claim is a prerequisite to a personal injury action against the federal government. If no notice of claim has been given, a court will dismiss the action. More... |
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