| ALIENATION OF A SPOUSE'S AFFECTIONS |
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| Under the common law, there existed a tort for the alienation of a spouse's affections. Although most states have enacted statutes that have abolished the tort, there are approximately nine states that permit such a tort action to be brought against a third party.
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| Liability For a Bystander's Emotional Distress |
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| In some cases, a bystander may recover for negligent infliction of emotional distress, even though the bystander was not directly involved in an accident. For example, a wife is walking along a city street. By chance, she sees her husband's car approaching.More... |
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| Attorney Malpractice Liability to Non-Client |
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| In the course of an attorney's representation of a client, he may commit legal malpractice with respect to his prosecution, defense, or appeal of the client's action or his preparation of transactional documents for the client. The attorney's actions may constitute legal malpractice if he fails to use the skill, prudence, and diligence that attorneys of ordinary skill and capacity would use in performing their legal tasks. In addition to being liable to the client, the attorney may also be liable to a non-client in certain circumstances.More... |
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| Tort Law--Financial Responsibility |
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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 financial responsibility.More... |
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| Custom as Proof of Negligence |
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| In some circumstances, custom may be used as proof of negligence in a personal injury action. For example, a worker in a sawmill is injured when he accidentally puts his hand onto the blade of an electric saw. More... |
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