Fraud and Deceit
In the business world, making fraudulent or deceitful representations to others may give rise to liability. A “representation” may consist of words or conduct.
Governmental Immunity from Suit
If a party is injured by some act of a governmental unit, official, or agency, he may or may not be permitted to sue. The reason that he may be barred from suing is because of “sovereign immunity.” Traditionally, this doctrine protected governmental units, officials, and agencies from liability based on their tortious acts unless they had consented to being sued. Now, this immunity has been waived in large part and only applies in certain circumstances.
Liability of a Cruise Ship for Emotional Distress Claims
Under the Coast Guard Authorization Act of 1996, cruise ships may use ticket contracts to disclaim liability for emotional distress, mental suffering, and psychological injury claims by passengers.
More Tort Law Versus Criminal Law
Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. This article discusses some of the distinctions between tort law and criminal law, beyond criminal law’s focus on the criminal and tort law’s focus on the financial harm suffered by the victim.
Tort Law Depends upon State Law
Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. This article discusses how tort law depends upon state law.
