Standard of Care

The term “standard of care” refers to the reasonable degree of care a person should provide to another person, typically in a professional or medical setting. For example, standard of care in the case of a cancer patient could include a recommendation of chemotherapy or surgery. If the doctor does not treat the patient to the best of his ability, […]

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Misrepresentation

In the legal word, the term “misrepresentation” refers to a statement someone makes an untrue statement in order to encourage someone else to sign a contract. For example, misrepresentation occurs when a person signs a contract, then suffers damages as the result of taking the other person’s advice. In this case, the wronged party can then sue for misrepresentation, and […]

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Fiduciary Duty

When someone has a “fiduciary duty,” this means that he is responsible for acting in a way that benefits another person. An example of a fiduciary duty is a legal guardian taking care of a minor. The legal guardian’s fiduciary duty is to make the best decisions on the minor’s behalf, such as medical care and the school the minor […]

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Tortious Interference

Tortious interference is the act of intentionally interfering with someone’s business. This may be by directly interfering with a business deal, or by interfering with the day-to-day operations – or even by spreading false claims about the business. Tortious interference is interference that is so egregious as to allow the harmed party to file a civil lawsuit under a “tort,” […]

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Gertz v. Robert Welch, Inc.

Following is the case brief for Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974) Case Summary of Gertz v. Robert Welch, Inc.: The family of a murder victim hired petitioner to be their attorney in a civil suit against the murderer.  Respondent media organization published defamatory statements about petitioner, including statements that he was a Communist and framed the murderer. […]

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Bad Faith

The term “bad faith” is used to describe a person’s intent to defraud or deceive. The person may be defrauding or deceiving himself or another person. The concept of bad faith is often associated with “double heartedness,” which essentially means that while a person is acting one way, his intentions are more sinister than they may appear on the surface. […]

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Alienation of Affection

When a third party intervenes, destroying the affection that binds two married people, he or she as caused alienation of affection. Historically, the individual harmed by this destruction of the relationship could seek damages through a civil lawsuit. In modern times, this is not common, though the issue may be brought up in divorce proceedings. To explore this concept, consider […]

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