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Tort law

Battery in Tort Law

Battery in Tort Law Battery in tort law is an intentional tort involving an unauthorized harmful or offensive contact with another person. I

Tort law

Assault in Tort Law

Assault in Tort Law Assault in tort law is an intentional tort involving conduct that causes another person to reasonably anticipate an immi

Tort law

Eggshell Plaintiff Rule

Eggshell Plaintiff Rule The eggshell plaintiff rule, also called the eggshell skull rule or thin-skull rule, is a principle of tort law unde

Tort law

Negligence Per Se in Tort Law

Negligence Per Se Negligence per se is a doctrine in tort law that can make a violation of a statute or regulation sufficient to establish t

Tort law

Intervening and Superseding Causes in Tort Law

Intervening and Superseding Causes in Tort Law A defendant’s conduct does not always lead directly to an injury. Sometimes another event occ

Tort law

Foreseeability in Tort Law

Foreseeability in Tort Law One of the most important questions in Tort Law is also one of the most deceptively simple: Could the harm reason

Tort law

Proximate Cause in Tort Law

Proximate Cause in Tort Law A defendant may have breached a duty of care. The defendant’s conduct may even have been a factual cause of the

Tort law

Factual Causation in Tort Law

Factual Causation in Tort Law A defendant may have acted negligently. A defendant may have breached a duty of care. The plaintiff may even h

Tort law

Standard of Care in Tort Law

Standard of Care in Tort Law In a negligence case, it is not enough to establish that the defendant owed the plaintiff a duty of care. The l

Tort law

The Reasonable Person Standard in Tort Law

The Reasonable Person Standard in Tort Law How does a court decide whether someone acted negligently? One of the central tools of Tort Law i

Tort law

Breach of Duty: When Does Conduct Become Negligence?

Breach of Duty: When Does Conduct Become Negligence? Once a court determines that a defendant owed a plaintiff a duty of care, the next ques

Tort law

Duty of Care: Understanding the First Element of Negligence

Duty of Care: Understanding the First Element of Negligence Before a person can ordinarily be held liable for negligence, there is a fundame

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