| Fraud Requires Deceitfulness and Reasonable Reliance |
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| Liability for fraud exists when six elements are proven: (1) knowingly, 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 third element, deceitfulness, and the fourth element, reasonable reliance.More... |
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| Alternative Causes of an Injury |
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| Ordinarily, a plaintiff in a personal injury action has the burden of proving that a defendant's negligence caused his or her injury. However, when a plaintiff proves that two defendants have committed negligent acts, and it is impossible to determine which act caused the plaintiff's injury, the burden of proof shifts to the defendants. Each defendant has the burden of proving that his or her negligent act did not cause the plaintiff's injury.More... |
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| Opinion and Other 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 some of the standard defenses to defamation, including the defense of opinion.More... |
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| The Jones Act -- Negligence Claims |
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| An injured seaman may sue his employer for damages under the Jones Act if the employer's negligence contributed to the seaman's injury. 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. More... |
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| Rules Regarding Signaling and Turning a Motor Vehicle |
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| A driver is not entitled to turn his or her motor vehicle or to move left or right on a highway or roadway unless the turn or the movement can be made with reasonable safety. The driver is required to give an appropriate signal prior to making the turn or the movement. The driver is also required to give an appropriate signal prior to stopping his or her vehicle or prior to suddenly decreasing the speed of his or her vehicle.More... |
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