| 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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| Tort Claims under the Uniform Code of Military Justice |
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| A member of the United States military is not liable for any torts that he or she commits in accordance with a lawful command or while he or she is acting within the scope of his or her employment.More... |
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| Federal Tort Claims Act -- Scope of Employment |
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| The Federal Tort Claims Act (FTCA) applies to claims for personal injury caused by the negligence of a federal government employee who is acting within the scope of his or her employment, under circumstances where a private person would be liable under state law. Therefore, in order for the FTCA to apply, the employee's negligence must occur within the scope of his or her employment. Generally, a federal government employee is acting within the scope of his or her employment if the employee is engaged in an authorized activity that serves a governmental purpose.More... |
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| Tort Law -- Financial Responsibility |
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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. Most scholars agree that tort law has four purposes: (1) compensation for damages; (2) financial responsibility; (3) deterrence; and (4) avoiding self-help. This article discusses the purpose of financial responsibility.More... |
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| Appropriation Lawsuits |
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| Privacy is the general right to be left alone and free from unwanted publicity. There are four well-established lawsuits for invasion of privacy: appropriation, false light, intrusion, and disclosure. This article gives examples of appropriation lawsuits. Appropriation is defined as the use of a person's name, likeness, or personality for the benefit of another. Defenses include that the matter is public or that the person who's privacy was invaded gave consentMore... |
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St. Peters, MO 63376