| 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... |
| Defenses to Actions Involving Recreational Boating Accidents |
| When a plaintiff files a lawsuit regarding a recreational boating accident, the defendant may claim defenses that are similar to those available in any other accident case. Such defenses include that the accident was inevitable, that the plaintiff was contributorily negligent or assumed the risk, that there was a superseding cause, or that the plaintiff's action is barred by the doctrine of laches or by a statute of limitations. More... |
| Intoxication As a Defense to Negligence |
| Intoxication is not a defense to negligence. A person who is intoxicated when he commits a negligent act will be held to the same standard as a person who is not intoxicated. The actions of an intoxicated person will not be judged by the standard of a reasonably prudent intoxicated person.More... |
| Structured Settlements |
| When a plaintiff brings a personal injury action against a defendant for damages and the parties decide to settle the case, they may enter into a structured settlement to compensate the plaintiff for his injury. Structured settlements are monetary awards for damages that are paid in installments over a period of time. They are frequently used to settle tort cases involving severe injuries in which large damages are sought (e.g., products liability, medical malpractice, and wrongful death cases) because of the defendant's inability to pay the amount in one lump sum.More... |
| Tort Action for Violation of a Fiduciary Duty |
| A person who has a fiduciary relationship with another person commits a tort when he or she breaches his or her fiduciary duty with regard to the other person. The other person is entitled to damages from the fiduciary if he or she sustains damages as a result of the fiduciary's breach of his or her duty. More... |
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