Hazing laws may distinguish legitimate athletic activity from conduct that creates unlawful risks, and the distinction depends on purpose, context, and the governing statute.
Hazing, Athletic Activities, and the Limits of Legal Exemptions Read More »
Criminal, Tort LawIf you own real property, you will undoubtedly come across the Trespasser, Licensee and Invitee? Do you know what legal
Failure to Understand Duties owed to the Trespasser – Licensee – Invitee Read More »
Property Law, Tort LawA practical explanation of false imprisonment, including confinement, consent, threats, and the importance of a safe and reasonable means of escape.
False Imprisonment: Confinement, Consent, and a Reasonable Means of Escape Read More »
Tort LawSelf-defense can privilege conduct that would otherwise be tortious when a person reasonably believes force is necessary to prevent imminent harm and responds proportionately.
Self-Defense in Tort Law: Reasonable Belief, Imminence, and Proportionate Force Read More »
Tort LawShort memory cues can help organize tort-law concepts, but they work best as retrieval tools after the underlying doctrine is understood.
Tort Law Memory Frameworks: Useful Triggers and Their Limits Read More »
Tort LawHigh-risk recreation raises questions about warnings, participant qualifications, design of the activity, and whether liability can be shifted by disclaimer.
Trespass protects the possessor’s right to exclusive control of land, but modern disputes can involve smoke, particles, branches, and other nontraditional intrusions.
Trespass to Land: Physical Intrusions, Airspace, Smoke, and Encroaching Vegetation Read More »
Real Estate, Tort LawCase Brief: SUSAN KIRKPATRICK, appellant, vs. JOHN ZITZ and TRANSAMERICA INSURANCE COMPANY, appellees. No. PP-120 District Court of Appeal, Florida
Unjust enrichment addresses situations in which one person receives a benefit at another’s expense and lacks a sufficient legal basis to retain it.
Unjust Enrichment and Restitution: When Retaining a Benefit Becomes Legally Unjust Read More »
Tort LawCase Citation: Eckert v. Long Island R.R. Co., 43 N.Y. 502 (1871). Parties: Anna Eckert, Administratrix of Henry Eckert,
Eckert v. Long Island R.R. Co., 43 N.Y. 502 (1871). Read More »
Tort LawComplex tort problems become more manageable when each theory of liability and each defense is analyzed separately before their effects are combined.
Fact Pattern Heather works at the local zoo. She feeds and cleans the cages of the various species of monkeys
Vicarious Liability, Negligence, Products Liability Fact Pattern Read More »
Tort LawPestro Chemical Corporation manufactures Dredroxiphine, a poison used in insect sprays. A railway line delivers tanker cars full of the
Intentional torts often arise from the same confrontation, but each claim protects a different interest and requires a separate element-by-element analysis.
Facts: operates a tanning salon. Meg is one of his customers. The salon uses tanning beds that are equipped with
Negligence Fact Pattern 2 Read More »
Tort Law