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Personal Injury

Criminal Conversation with a Spouse
Under the common law, there was a tort for criminal conversation with a spouse. Although most states have enacted statutes that abolished the tort, there are a few states in which a spouse may bring an action against a third party for the tort. More...
STATUTES OF LIMITATIONS IN TORT CASES
A statute of limitations is the time period in which a plaintiff must file a lawsuit against a defendant. A statute of limitations benefits the defendant. It gives the defendant an opportunity to defend the lawsuit while witnesses are available and while the facts are fresh in the minds of the witnesses. The plaintiff is barred from filing a lawsuit after the statute of limitations has expired. More...
Unusual Defenses to Defamation
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 insubstantial but practical defense of I-dare-you-to-sue, and the real but rare defense of consent. More...
Tort Action for Failure to Provide Facilities to the Public
Under the common law, a person commits a tort when he or she fails to provide a public utility or a public facility to a member of the public. In order to be liable for this tort, the person must have a non-contractual duty to provide the public utility or the public facility to the public. A denial of the public utility or the public facility constitutes a breach of that duty. More...
Federal Tort Claims Act -- Intentional Torts Exception
The Federal Tort Claims Act (FTCA) applies to claims arising from the negligence of a federal government employee. The FTCA specifically bars claims that arise from an "intentional tort" committed by a federal government employee. More...

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