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Causing a Spouse to Separate from or to Refuse to Return to Another Spouse

Under the common law, there existed a tort for causing a spouse to separate from or to refuse to return to another spouse. Although most states have enacted statutes that have abolished the tort, there are a few states in which a spouse may bring an action against a third party for the tort.

Tort Law--Deterrence and Avoiding Self-Help

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. Most scholars agree that tort law has four purposes: (1) compensation for damages; (2) financial responsibility; (3) deterrence; and (4) avoiding self-help. This article discusses the purposes of deterrence and avoiding self-help.

Action by a Parent for a Tort against His or Her Child

In accordance with general tort principles, a person who injures a child through his or her tortious conduct is liable to the child for the child's damages. A parent who is entitled to the child's services or who has a legal duty to provide medical treatment for the child is also entitled to damages from the person for the person's tortious conduct towards the child.

Invasion of Privacy--Appropriation

The law provides everyone with some basic rights to privacy. Privacy is the general right to be left alone and free from unwanted publicity. Unreasonable invasion of one's privacy causes harm.

Federal Tort Claims Act -- Scope of Employment

The Federal Tort Claims Act (FTCA) applies to claims for personal injury caused by the negligence of a federal government employee who is acting within the scope of his or her employment, under circumstances where a private person would be liable under state law. Therefore, in order for the FTCA to apply, the employee's negligence must occur within the scope of his or her employment. Generally, a federal government employee is acting within the scope of his or her employment if the employee is engaged in an authorized activity that serves a governmental purpose.


LexisNexis Martindale-Hubbel

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