| MOTOR VEHICLE RULES |
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| Rules regarding the operation of motor vehicles on a state's highways are generally set forth in the state's vehicle code or transportation code. These rules often determine whether a defendant is liable for a motor vehicle accident.
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| Mitigated Damages |
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| Mitigation of damages is sometimes referred to as the doctrine of avoidable consequences. The doctrine requires a plaintiff who is injured by a defendant to take steps to minimize his damages. It applies after the defendant commits the tort but at a time when the plaintiff still has an opportunity to avoid at least part of the consequences.More... |
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| TORT ACTIONS BY TENANTS AGAINST LANDLORDS |
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| Although a tenant may be entitled to a breach of contract action against a landlord if the landlord violates a condition of the tenant's lease, the tenant may also be entitled to certain tort actions against the landlord. Such tort actions include actions for wrongful eviction, actions for interruption of utilities, actions for wrongful interference or conversion of personal property, or trespass actionsMore... |
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| TAX CONSIDERATIONS IN TORT LITIGATION |
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| The income tax consequences of damages that are awarded in a tort action may have a significant impact on the parties to the litigation. In most cases, the tax effect of the damages will depend upon how the damages are characterized by the parties. Whether the damages are taxable or not may often affect the amount that a plaintiff is willing to accept from a defendant and that the defendant is willing to pay the plaintiff under a settlement agreement.More... |
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| Acts of God |
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| In the context of the law, an "act of God" is an accident caused by extraordinary natural forces. An accident caused by lightning, a flood, a hurricane, or an earthquake may constitute an act of God. More... |
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