| Motor Vehicle Rules |
|
| 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.
More... |
|
|
| Comparative Negligence vs. Contributory Negligence |
|
| Under the legal doctrine of comparative negligence, when both the plaintiff and the defendant are guilty of negligence, the plaintiff's damage award will be reduced by the amount of his responsibility for the accident. For example, a motorcycle rider collides with a truck driver at an intersection. More... |
|
|
| Defendant's Wrongful Use of Process |
|
| It is a tort to use the civil or criminal form of process to primarily seek a result other than that for which the form of process was intended. The conduct that encompasses the abuse of process is a defendant's wrongful use of the process for an ulterior purpose and some willful act in the use of the process to accomplish that ulterior purpose. More... |
|
|
| Nominal Damages |
|
| If an injured party is harmed or has property that is damaged by the intentional or negligent conduct of a defendant, he may bring an action to recover damages. Sometimes, the injured party recovers a verdict but only nominal, or minimal, damages. More... |
|
|
| Mitigation of Damages |
|
| 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... |
|
|