Personal Injury
| Tort Action for Failure to Provide Facilities to the Public |
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| Under the common law, a person commits a tort when he or she fails to provide a public utility or a public facility to a member of the public. In order to be liable for this tort, the person must have a non-contractual duty to provide the public utility or the public facility to the public. A denial of the public utility or the public facility constitutes a breach of that duty. More... |
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| The Federal Claims Collection Act |
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| The Federal Claims Collection Act (FCCA) was enacted in 1982 in order to allow the federal government to recover compensation for damages to or for loss or destruction of government property. Under the FCCA, the government is entitled to recover compensation for damages that result from negligent or wrongful acts. More... |
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| Criminal Conversation with a Spouse |
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| Under the common law, there was a tort for criminal conversation with a spouse. Although most states have enacted statutes that abolished the tort, there are a few states in which a spouse may bring an action against a third party for the tort. More... |
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| Assumption of Risk |
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| Under the legal doctrine of "assumption of risk," a person will not be liable for another person's injuries if the injured person has voluntarily undertaken a risk with knowledge of the dangers that are posed by the risk. The doctrine of assumption of risk may be used as a defense to a personal injury action. More... |
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| Tort Law -- Compensation for Damages |
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| 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 purpose of compensation. More... |
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