Newsletters
Proximate Cause
In order to win a personal injury action, a plaintiff must prove that a defendant's negligence caused the plaintiff's injuries. In negligence law, there are two types of causation: (1) "cause in fact"; and (2) "proximate cause." The plaintiff must prove both types of causation.
Tort Action for Causing a Minor Child to Leave Home
Under the common law, a person who compels or induces a minor child to leave his or her home or to not return to his or her home is liable to the parent of the minor child for damages. The parent who is legally entitled to custody of the minor child is entitled to file an action against the person.
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 Action for Violation of a Fiduciary Duty
A person who has a fiduciary relationship with another person commits a tort when he or she breaches his or her fiduciary duty with regard to the other person. The other person is entitled to damages from the fiduciary if he or she sustains damages as a result of the fiduciary's breach of his or her duty.
Trade Libel
If a defendant publishes false statements that injure or disparage a plaintiff's business, he may be liable for trade libel. Trade libel is different from libel because trade libel only applies to a plaintiff's property, whereas libel applies to a plaintiff's reputation.

