| 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... |
| |
| Federal Volunteer Protection Act -- Punitive and Noneconomic Damages |
| |
| The federal Volunteer Protection Act (VPA) limits punitive damage awards against volunteers in cases in which they are not immune from liability. More... |
| |
| Defenses to Torts Involving Interference with a Marital Relationship |
| |
| Even though most torts involving interference with a marital relationship have been abolished in most states and are rare in states that still allow a cause of action for the torts, a third party who is accused of such torts has certain defenses or privileges with regard to the torts. Such defenses or privileges include when the third party is merely giving advice or when a spouse consents to or condones the third party's conduct.
More... |
| |
| The Eggshell Skull Rule |
| |
| Suppose that a mugger approaches a jogger on a street, hoping to steal the jogger's wallet. In order to disable the jogger, the mugger strikes him on the head. Unbeknownst to the mugger, the jogger suffers from a rare medical condition that has made his skull as thin and fragile as an eggshell. Therefore, the mugger's assault kills the jogger. Under the "Eggshell Skull Rule," the mugger is liable for the death of the jogger, even though the jogger's death was unintended and unexpected.More... |
| |
| Federal Teacher Protection Act -- Applicability |
| |
| The federal Teacher Protection Act (TPA) applies to teachers, instructors, principals, administrators, school board members, and other educational professional or nonprofessional employees who work in a school and are called upon to maintain discipline or ensure safety.More... |
| |
