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Comparative negligence – A partial defense that reduces the amount of damages a plaintiff can claim based upon the degree to which the plaintiff's own negligence contributed to the damages. Most jurisdictions have adopted this doctrine; those not adopting it are Alabama, Maryland, North Carolina, Virginia, And Washington D.C.
Transferred intent is the legal principle that intent can be transferred from one victim or tort to another. [1] In tort law, there are generally five areas in which transferred intent is applicable: battery, assault, false imprisonment, trespass to land, and trespass to chattels. Generally, any intent to cause any one of these five torts which ...
Negligence (Lat. negligentia) [1] is a failure to exercise appropriate care expected to be exercised in similar circumstances. [2]Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act.
In 2006, two Libertarian groups financially backed by New York real estate developer Howie Rich campaigned for laws similar to TABOR in eight states. [ 18 ] [ 19 ] [ 20 ] Measures similar to the "Taxpayer Bill of Rights" are more likely to be adopted on the county and municipal level than on a statewide basis beyond Colorado; one municipality ...
Ameliorative waste is an improvement to an estate that changes its character even if the change increases the land's value. Under English common law , when ameliorative waste occurs, the interested party can recover from the tenant the cost of restoring the land to its original condition.
This opinion led to changes in the law in many other states in the United States, and is viewed as a seminal opinion in the development of the law of premises liability. There must be negligence—a breach of the duty of care—or some other wrongful act. In recent years, the law of premises liability has evolved to include cases where a person ...
A Colorado Springs woman claims police negligence led to her husband's death after her call for help went ignored. Two weeks later, as the family plans an unexpected funeral, she wants answers.
Gross negligence is the "lack of slight diligence or care" or "a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party." [1] In some jurisdictions a person injured as a result of gross negligence may be able to recover punitive damages from the person who caused the injury or loss. [2]
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