| Interference with a Premarital Relationship |
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| Although there have been causes of action in the past for breach of a promise to marry, which causes of action were based on contract law, there has never been a cause of action in tort for alienation of affections with regard to an engaged person or for sexual intercourse with an engaged person.
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| Federal Tort Claims Act - Discretionary Function Exception |
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| The Federal Tort Claims Act (FTCA) bars claims that are based on the performance or failure to perform a discretionary function or duty of a federal agency or federal government employee, even if there is an abuse of discretion. According to this "discretionary function exception," a personal injury action cannot be filed under the FTCA if the employee's negligence arises from a discretionary function or the execution of a statute or regulation.More... |
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| Assumption of Risk |
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| Under the legal doctrine of "assumption of risk," a person will not be liable for another person's injuries if the injured person has voluntarily undertaken a risk with knowledge of the dangers that are posed by the risk. The doctrine of assumption of risk may be used as a defense to a personal injury action.More... |
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| 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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| Federal Teacher Protection Act -- Exceptions |
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| Under the federal Teacher Protection Act (TPA), a school employee may be immune from civil liability when a student is injured as a result of the employee's attempt to discipline or control the student. However, the TPA does not apply under some circumstances.More... |
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