| Fraud Requires a Misrepresented "Fact" |
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| Liability for fraud exists when six elements are proven: (1) knowing, recklessly, or without reasonable grounds, (2) making a material misrepresentation (3) to deceive another (4) who reasonably relies on the misrepresentation (5) causing that person (6) actual damages. This article discusses the second element, making a material misrepresentation. Liability for fraud requires the making of a false representation of a material fact.More... |
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| TAXATION OF BUSINESS INJURY AWARDS |
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| Although personal injury awards or damages that are paid for a plaintiff's personal physical injuries and physical sickness are generally not taxable, business injury awards are generally taxable. Business injury awards include damages for lost profits, for capital assets, or for goodwill.More... |
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| The Jones Act - Unearned Wages |
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| Under the Jones Act and general maritime law, a seaman who is injured in the course and scope of his employment may recover "unearned wages," i.e., the wages he would have earned if he were able to continue working until the end of the voyage. Unearned wages may include overtime, bonuses, and other employment benefits.More... |
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| Federal Volunteer Protection Act - Overview |
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| The Volunteer Protection Act (VPA) is a federal law designed to promote volunteerism by granting civil immunity to volunteers under certain circumstances. The VPA was signed into law by President Clinton in 1997.More... |
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| Defense of Others |
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| In an action against a defendant for an intentional tort, such as battery, the defendant may defend the action by claiming that he acted in self-defense. Similarly, under some circumstances, a defendant may claim defense of others as a defense. Defense of others is a proper defense when the person the defendant was trying to defend would have been justified in using force to defend himself.
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