| Tort Law--Deterrence and Avoiding Self-Help |
| Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. Most scholars agree that tort law has four purposes: (1) compensation for damages; (2) financial responsibility; (3) deterrence; and (4) avoiding self-help. This article discusses the purposes of deterrence and avoiding self-help.More... |
| Fraud Requires a Misrepresented "Fact" |
| 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... |
| Recovery by Guest in Automobile Cases |
| A "guest" in an automobile is a person who rides in an automobile driven by another person for his own pleasure or business without paying the driver or conferring any benefit on him. If the guest is injured while riding in the driver's automobile, he may be permitted to recover for any injuries that he suffers. His recovery will depend on whether or not a "guest statute" applies in the jurisdiction.More... |
| Classifying Torts |
| Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. This article discusses how tort law is classified.More... |
| Rules Regarding the Speed of Motor Vehicles |
| State transportation or vehicle codes regulate the speed of motor vehicles. The codes set forth the maximum speed limits that apply to a particular highway or street. The codes also set forth the general duty of a motor vehicle driver to drive at a safe speed in accordance with the conditions of the highway or street. More... |
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