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Intoxication As a Defense to Negligence

Intoxication is not a defense to negligence. A person who is intoxicated when he commits a negligent act will be held to the same standard as a person who is not intoxicated. The actions of an intoxicated person will not be judged by the standard...

Comparative Negligence vs. Contributory Negligence

Comparative Negligence

Under the legal doctrine of comparative negligence, when both a plaintiff and a defendant are guilty of negligence, the plaintiff's damage award will be reduced by the amount of his...

Federal Volunteer Protection Act -- Applicability

Covered Persons

The federal Volunteer Protection Act (VPA) applies to "volunteers." Under the VPA, a "volunteer" is a person (including a director, officer, trustee, or direct service volunteer) who performs...

Tort Liability of Members of the Armed Forces

Members of the armed forces are generally immune from liability for damages to another person or to the other person's property as long as the members were acting within the scope of their employment or their official duties and as long as the...

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...