| Defamatory Statements |
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| A lawsuit for defamation has the following basic elements: (1) making a false statement; (2) about a person; (3) to others; and (4) actual damages (if the harm to the person is not apparent). There is a fifth element when the person is a public official or public figure. In such a case, the person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the first element, making a false statement. A false statement of fact about a person that tends to harm the person's reputation is known as a defamatory statement.More... |
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| Fraud Requires a Misrepresented "Fact" |
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| Liability for fraud exists when six elements are proven: (1) knowing, recklessly, or without reasonable grounds, (2) making a material misrepresentation (3) to deceive another (4) who reasonably relies on the misrepresentation (5) causing that person (6) actual damages. This article discusses the second element, making a material misrepresentation. Liability for fraud requires the making of a false representation of a material fact.More... |
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| Torts in Snow Sports |
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| Injuries are common in snow sports because of the dangerous nature of the activities. Under certain circumstances, an injured party may be able to recover for injuries that are caused by improperly maintained conditions or equipment.More... |
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| Structured Settlements |
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| 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... |
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| The Federal Claims Collection Act |
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| The Federal Claims Collection Act (FCCA) was enacted in 1982 in order to allow the federal government to recover compensation for damages to or for loss or destruction of government property. Under the FCCA, the government is entitled to recover compensation for damages that result from negligent or wrongful acts.More... |
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