| DEFENSES TO MOTOR VEHICLE NEGLIGENCE ACTIONS |
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| When an owner or a driver of a motor vehicle is sued for negligence for an accident, the owner or the driver may claim several defenses in the lawsuit. Such defenses include that the person seeking damages was contributorily negligent, that the accident was unavoidable, that there was a sudden emergency, that the owner or the driver's conduct was not the proximate cause of the accident, or that the owner or the driver had an excuse. More... |
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| TAXATION OF BUSINESS INJURY AWARDS |
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| Although personal injury awards or damages that are paid for a plaintiff's personal physical injuries and physical sickness are generally not taxable, business injury awards are generally taxable. Business injury awards include damages for lost profits, for capital assets, or for goodwill.More... |
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| TORT ACTIONS BY TENANTS AGAINST LANDLORDS |
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| Although a tenant may be entitled to a breach of contract action against a landlord if the landlord violates a condition of the tenant's lease, the tenant may also be entitled to certain tort actions against the landlord. Such tort actions include actions for wrongful eviction, actions for interruption of utilities, actions for wrongful interference or conversion of personal property, or trespass actionsMore... |
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| Unusual Defenses to Defamation |
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| Defamation lawsuits are not easy to win because the plaintiff must both prove the difficult elements of his or her case and avoid the many defenses to defamation. This article discusses two unusual "defenses" to defamation, the unreal but practical defense of I-dare-you-to-sue, and the real but rare defense of consent.More... |
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| Tort Law - Like an Implied Contract |
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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. This article discusses how tort law can be viewed as a series of implied contracts.More... |
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