| Damages in Actions Involving Recreational Boating Accidents |
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| When an action involving a recreational boating accident is brought in accordance with federal admiralty law, such federal admiralty law controls the issue of damages. Damages under federal admiralty law are similar to damages under the common law.More... |
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| Defendant's Wrongful Use of Process |
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| 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... |
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| Rescue Doctrine |
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| A "rescuer" is one who responds to a risk of imminent peril to a victim, usually created by another party. The rescuer's efforts, however, are not always successful. In some instances, the rescuer or the victim may be injured during the course of the rescue. The "rescue doctrine" addresses the liability of the rescuer and the creator of the peril in relation to injuries to the victim and the liability of the creator of the peril to the rescuer for injuries caused during the rescue.More... |
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| The Duty of Children |
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| Generally, the law requires a person to exercise the degree of care that a reasonably prudent person would exercise under the same circumstances. This is called "the duty of reasonable care." A person who breaches his duty of reasonable care is guilty of negligence.More... |
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| Bad Faith of Insurer - Failure to Defend |
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| Parties to a contract have a duty to exercise good faith and fair dealing to not do anything to injure the rights of the other to receive the benefits of the agreement. This duty applies to parties to insurance policies that provide for an insurer's obligation to defend the insured.More... |
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