Newsletters
Transferred Intent
In order to prove an intentional tort, such as assault or battery, a plaintiff must show that a defendant intended to commit the tort. Under the doctrine of transferred intent, a defendant's intent to commit a tort against one person may be transferred to another person.
The Military Claims Act
When a person has died, has sustained injuries, or has sustained property damage as a result of the activities of military personnel or civilians who are employed by the military, the person or his or her representative may be entitled to recover damages from the federal government under the Military Claims Act (MCA).
Truth and Privilege Defenses to Defamation
Defamation lawsuits are not easy to win because the plaintiff must both prove the difficult elements of his or her case and avoid the many defenses to defamation. This article discusses some of the standard defenses to defamation, including truth and privilege.
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.
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 assumption of risk may be used as a defense to a personal injury action.



