| 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... |
| |
| The Duty of Adults to Children |
| |
| Generally, the law requires a person to exercise the degree of care that a reasonably prudent person would exercise under the same circumstances. This is called "the duty of reasonable care." A person who breaches his duty of reasonable care is guilty of negligence.More... |
| |
| Torts in Football |
| |
| Football is the prototypical contact sport in which participants may suffer many injuries. In addition, there is the potential for spectators to be injured during the course of the game. This article addresses situations in which spectators and participants may recover in a tort action for injuries that they suffer as a result of viewing a football game or participating in such a contest.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... |
| |
| Federal Tort Claims Act -- Notice of Claim |
| |
| Under the Federal Tort Claims Act (FTCA), a person who plans to file a personal injury action against the federal government must present a written "notice of claim," or "administrative claim," to the government agency that is allegedly responsible for the injury. A notice of claim is a prerequisite to a personal injury action against the federal government. If no notice of claim has been given, a court will dismiss the action.More... |
| |
