Under the Jones Act, the seaman is only required to prove that the employer’s negligence was a cause, however slight, of the seaman’s injury. Because of this “slight negligence” standard, a negligence claim under the Jones Act is easier to prove than an ordinary negligence claim.
Read MoreThe Jones Act — Negligence Claims
The Tort Definition Debate
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. Although tort law is a major kind of law, among many legal scholars there is no generally agreed definition of the word “tort.” This article discusses the tort definition debate.
Read MoreTort Law — Financial Responsibility
Tort Law — Financial Responsibility 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. ThisContinue Reading
Read MoreInvasion of Privacy–Statutory Actions
In addition to the four main judicially-created lawsuits for invasion of privacy — appropriation, false light, intrusion, and disclosure — remedies for invasion of privacy have been created by legislation. This article discusses some of the lawsuits for invasion of privacy created by the Congress of the United States.
Read MoreThe Basic Law of Fraud
As a general rule, it is not illegal to say something that is not true. The general rule probably evolved from the fact that, in addition to engaging in intentional deception, human beings can simply be mistaken. It is also true that some false statements do not deceive because they come from sources known to be unreliable. If we do not rely on the mistaken statements of others, they do us no harm.
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