Respondeat superior is a legal doctrine that makes an employer vicariously liable for an employee’s negligence when it occurs within the scope of employment. It commonly applies in workplace and vehicle-accident cases where the employee was performing job-related duties at the time of the harm. This article explains the doctrine’s elements, how courts define “scope […]
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What is a retainer?
A retainer is an upfront fee paid to a lawyer to secure their services, often deposited into a client trust account and billed against as work is performed. Depending on the agreement, it may be refundable (unused funds returned) or nonrefundable as an availability or engagement fee. This article explains common retainer types, how retainers […]
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What is loss of consortium?
Loss of consortium is a legal claim seeking compensation for the loss of a spouse’s or close family member’s companionship, care, affection, and intimacy after an injury caused by someone else. It’s typically filed alongside the injured person’s personal injury lawsuit and may cover both emotional and practical impacts on the relationship. This article explains […]
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What is a contingency fee?
A contingency fee is a lawyer’s payment that comes only if you win or settle your case, typically calculated as a percentage of the recovery (often 25%–40%). Instead of paying hourly rates upfront, the fee is taken from the final award, though you may still be responsible for certain case costs. This article explains how […]
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What is intentional infliction of emotional distress?
Intentional infliction of emotional distress (IIED) is a civil claim requiring 4 elements: extreme and outrageous conduct, intent or reckless disregard, causation, and severe emotional distress. If proven, a victim may recover damages for mental anguish and related harms, sometimes without physical injury. This article explains IIED basics, common examples, damages, and defenses. Intentional infliction […]
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What is comparative negligence?
Comparative negligence is a legal rule that reduces your compensation by the percentage of fault assigned to you—e.g., 20% fault means 20% less in damages. Most states use some form of comparative negligence, though a few bar recovery if you’re 50% or 51% at fault (modified) while others allow recovery regardless of fault (pure). This […]
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What is invasion of privacy?
Invasion of privacy is a legal violation that generally falls into 4 categories: intrusion, public disclosure of private facts, false light, and appropriation of name/likeness. It occurs when someone unlawfully intrudes on your seclusion, publicizes private information, or exploits your identity without consent. This article explains each type, common examples, and legal options for victims. […]
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What is contributory negligence?
Contributory negligence is a legal rule that can bar you from recovering any damages if you’re found even 1% at fault for an accident. Only a handful of jurisdictions still follow this strict doctrine, making fault allocation crucial in injury claims. This article explains how contributory negligence works, where it applies, common exceptions, and how […]
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What is assumption of risk?
Assumption of risk is a legal defense that can reduce or bar an injured person’s recovery if they knowingly and voluntarily accepted a specific danger. It often arises in sports, recreational activities, signed waivers, and situations involving obvious hazards, and rules vary by state and by whether the risk was express or implied. This article […]
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What is defamation?
Defamation is a false statement of fact about someone, shared with at least one other person, that harms their reputation. It can be written (libel) or spoken (slander), and claims generally require falsity, publication, fault, and damages. This article explains defamation’s definition, libel vs. slander, and common defenses. Defamation is a legal term that describes […]
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What is slander?
Slander is spoken defamation—false verbal statements that harm someone’s reputation. Unlike libel, which is written, slander is communicated orally in conversations, speeches, or broadcasts and must generally be proven false and damaging. This article explains the elements of slander, common examples, and legal options. Slander is a form of spoken defamation that occurs when someone […]
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What is libel?
Libel is written defamation: a false statement published in a fixed medium (like print or online) that harms someone’s reputation. To prove it, a claimant generally must show publication, falsity, identification, and reputational damage (plus fault). This article explains libel’s key elements, examples, and common defenses. Understanding Libel: Written Defamation Explained Libel is a form […]
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