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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.

Defense of Property

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.

Torts in Football

Football is the prototypical contact sport in which participants may suffer many injuries. In addition, there is the potential for spectators to be injured during the course of the game. This article addresses situations in which spectators and participants may recover in a tort action for injuries that they suffer as a result of viewing a football game or participating in such a contest.

Federal Volunteer Protection Act -- Punitive and Noneconomic Damages

The federal Volunteer Protection Act (VPA) limits punitive damage awards against volunteers in cases in which they are not immune from liability.

Common Law Tort Action Against Person Having Sexual Relations with Female Child

Under the common law, a person who has sexual relations with a female child is liable to the child's parent for damages. The tort action is based on the parent's lack of consent. Damages are based on the parent's loss of services or the medical expenses that the parent incurred on behalf of the child as a result of the sexual relations. Although these types of cases are quite rare and some states have abolished actions for these types of cases, there are still some states in which the cause of action may be maintained.

Law Offices of Daral B. Mazzarella, APC is located in San Diego, CA and serves clients in and around San Diego, Coronado, National City, Lemon Grove, Bonita, Imperial Beach, La Mesa, Alpine, El Cajon, La Jolla, Santee, Del Mar, Rancho Santa Fe, Lakeside, Solana Beach, Poway, Cardiff By The Sea, Escondido, Ramona, San Diego County.

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