| Tort Claims under the Uniform Code of Military Justice |
| |
| A member of the United States military is not liable for any torts that he or she commits in accordance with a lawful command or while he or she is acting within the scope of his or her employment.More... |
| |
| Tax Considerations in Tort Litigation |
| |
| The income tax consequences of damages that are awarded in a tort action may have a significant impact on the parties to the litigation. In most cases, the tax effect of the damages will depend upon how the damages are characterized by the parties. Whether the damages are taxable or not may often affect the amount that a plaintiff is willing to accept from a defendant and that the defendant is willing to pay the plaintiff under a settlement agreement.More... |
| |
| Res Ipsa Loquitur |
| |
| In a personal injury action, a plaintiff usually must prove that a defendant was negligent and that the defendant's negligence caused the plaintiff's injuries. However, in some cases, there is no direct evidence of negligence. For example, spectators are watching a basketball game in a high school gymnasium.More... |
| |
| Tort Action for Dangerous Employment of a Minor Child |
| |
| A person who employs a minor child in a dangerous occupation may be liable to the child's parent for harm that is sustained by the child. An occupation is considered to be dangerous if it involves a risk of death or serious bodily harm because of the age and inexperience of the child. The occupation does not have to be dangerous for an adult in order for the employer to be liable to the parent.More... |
| |
| Interference With a Prospective Advantage |
| |
| A person may have an expectation that he will be entering into a contract or a relationship with another party or parties for a financial benefit in the future, and a defendant may interfere with that prospective advantage. If the defendant unlawfully does so, the injured party may bring an action against him.More... |
| |