| Tort Actions against Municipalities |
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| Most municipalities have enacted either charter provisions or ordinances that state that the municipality will not be liable for damages unless timely notice has been provided to the municipality prior to the filing of an action against it. The notice is a condition precedent to the filing of a tort action against the municipality.
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| Defense of Property |
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| Generally, a person has a legal right to use reasonable force to prevent the commission of a tort (such as trespass or conversion) against his or her property. Therefore, if a person uses force to prevent the commission of a tort against his or her property and he or she is sued for assault, battery, or another intentional tort, he or she may claim defense of property as a defense to the action. A person is required to make a request to desist before using force to defend his or her property unless such a request would be futile or dangerous.
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| Transferred Intent |
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| 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.More... |
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| Rules Regarding Starting and Stopping a Motor Vehicle |
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| A motor vehicle driver is generally not entitled to start his or her motor vehicle unless the movement of his or her vehicle can be made with reasonable safety. In other words, the driver must use reasonable care when he or she starts the vehicle.More... |
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| Alienation of a Spouse's Affections |
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| Under the common law, there existed a tort for the alienation of a spouse's affections. Although most states have enacted statutes that have abolished the tort, there are approximately nine states that permit such a tort action to be brought against a third party.
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