| TORT LIABILITY OF MUNCIPALITIES |
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| When a municipality is acting within its governmental capacity or is performing a governmental function, such as providing water or utility services, it is generally not liable for negligence with regard to the governmental function. However, if the municipality is acting in a proprietary manner, that is, when it owns or maintains real or personal property, the municipality may be liable for the negligence of its representatives, agents, and employees. More... |
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| The Tort Definition Debate |
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| 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. Although tort law is a major kind of law, among many legal scholars there is no generally agreed definition of the word "tort." This article discusses the tort definition debate. More... |
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| Mitigation of Damages |
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| 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... |
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| Rules Regarding Unusual Driving Conditions |
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| When the weather or other conditions affect a driver's view of a highway or roadway, the driver has a duty to act with reasonable care under the circumstances. In other words, the driver is required to act with the same degree of care that a reasonable person would have acted under the circumstances. More... |
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| Torts in Basketball |
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| Basketball players and spectators may be injured during the course of a basketball game. In certain situations, they may be able to recover in a negligence action for their injuries. More... |
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