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The Duty of Children

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...

Fraud Requires a Misrepresented "Fact"

Fraud Requires a Misrepresented "Fact"

Liability for fraud exists when six elements are proven: (1) knowing, recklessly, or without reasonable grounds; (2) making a material misrepresentation;...

Tort Action for Interference with a Right to Vote or to Hold Office

Under the common law, a person commits a tort when he or she intentionally deprives another person of his or her right to vote or his or her right to hold office. A person also commits a tort when he or she...

Intoxication As a Defense to Negligence

Intoxication is not a defense to negligence. A person who is intoxicated when he commits a negligent act will be held to the same standard as a person who is not intoxicated. The actions of an intoxicated person will not be judged by the standard...

Assumption of Risk

Under the legal doctrine of "assumption of risk," a person will not be liable for another person's injuries if the injured person has voluntarily undertaken a risk with knowledge of the dangers that are posed by the risk. The doctrine of...