technology Archives - Avocații Roman Zadoinov și Violeta Gașitoi

Intentional Offensive Touching as Battery.

1. The Legal Definition of Battery Battery is an intentional tort. It is established when the defendant intentionally causes a harmful or offensive contact with the plaintiff’s person, without consent or legal justification. The core elements are: Intent Contact Harmful or offensive nature of the contact Causation All four must be satisfied. 2. Intent DoesContinueContinue reading “Intentional Offensive Touching as Battery.”

A Negligent Defendant Is Liable for Foreseeable Injuries Even When a Third Party’s Ordinary Negligence Contributes.

1. Core Rule A defendant who acts negligently remains liable for harm that is a foreseeable result of that negligence, even when a third party’s ordinary negligence also contributes to the injury. The presence of a negligent third party does not automatically break the chain of causation. Liability is avoided only when the intervening actContinueContinue reading “A Negligent Defendant Is Liable for Foreseeable Injuries Even When a Third Party’s Ordinary Negligence Contributes.”

Doctrine: Discovery Rule.

1. General Principle Under the Discovery Rule, the statute of limitations in a tort action does not begin to run at the moment the defendant’s wrongful act occurs.Instead, the limitations period begins when the plaintiff discovers, or reasonably should have discovered, the injury and its causal connection to the defendant’s conduct. This doctrine operates asContinueContinue reading “Doctrine: Discovery Rule.”

Exculpatory Clauses: Why They Bar Ordinary Negligence but Fail for Gross Negligence and Intentional Torts.

I. Introduction Exculpatory clauses—also known as liability waivers or releases—are contractual provisions through which one party seeks to limit or eliminate liability for future harm. These clauses are common in commercial contracts, recreational activities, transportation agreements, professional services, and consumer transactions. While courts generally permit exculpatory clauses to bar recovery for ordinary negligence, they drawContinueContinue reading “Exculpatory Clauses: Why They Bar Ordinary Negligence but Fail for Gross Negligence and Intentional Torts.”

Doctrine: The Firefighter’s Rule.

1. What Is the Firefighter’s Rule? The Firefighter’s Rule is a common-law doctrine in United States tort law that limits the ability of firefighters, police officers, and other professional first responders to recover damages for injuries caused by the very negligence that required their presence. In simple terms: A first responder cannot sue someone forContinueContinue reading “Doctrine: The Firefighter’s Rule.”

The Eggshell Skull Rule in Tort Law.

I. Definition and Core Principle The Eggshell Skull Rule (also known as the thin skull rule) is a foundational doctrine in tort law establishing that a defendant takes the plaintiff as they find them. When a defendant’s negligent conduct causes injury, the defendant is liable for the full extent of the harm, even if theContinueContinue reading “The Eggshell Skull Rule in Tort Law.”

Contributory vs Comparative Negligence in U.S. Tort Law.

In U.S. negligence cases, courts allocate damages between careless parties based on fault. Under the contributory negligence rule (an older doctrine), any fault by the plaintiff bars recovery altogether. Even 1% plaintiff fault means zero damageslaw.cornell.edu. Only a few jurisdictions still follow pure contributory negligence: Alabama, Maryland, North Carolina, Virginia, and the District of Columbialaw.cornell.edu.ContinueContinue reading “Contributory vs Comparative Negligence in U.S. Tort Law.”

How to Plead a Negligence Cause of Action: A Precise, Litigation-Grade Guide.

To properly plead negligence, you must allege ultimate facts supporting each required element: Duty Breach Causation (actual + proximate) Damages You do not plead evidentiary facts (proof) and you do not plead legal conclusions (e.g., “Defendant was negligent per se” without underlying facts).Below is the correct structure. 1. Alleging DUTY You must allege facts showingContinueContinue reading “How to Plead a Negligence Cause of Action: A Precise, Litigation-Grade Guide.”

Determining Good Faith Settlements under California CCP § 877.6(a)(2).

Introduction and Purpose When multiple parties are sued for the same harm, California law encourages settlements while ensuring fairness to all defendants. A “good faith” settlement determination under Code of Civil Procedure § 877.6 allows one defendant to settle with the plaintiff and be protected from contribution or indemnity claims by other defendants, provided the courtContinueContinue reading “Determining Good Faith Settlements under California CCP § 877.6(a)(2).”

Causation in U.S. Tort Law: Actual Cause and Proximate Cause

Introduction In American tort law, causation is a fundamental element that must be established for a plaintiff to recover damages. Causation has two distinct aspects: actual cause (also known as cause-in-fact or factual cause) and proximate cause (also called legal cause or scope of liability). Actual cause is the factual link between the defendant’s conductContinueContinue reading “Causation in U.S. Tort Law: Actual Cause and Proximate Cause”

Service of Pleadings in California – Requirements and Methods

Introduction: In California, service of pleadings means delivering court documents (e.g. a complaint, answer, motion) to other parties in a legally prescribed manner. Proper service is fundamental to due process – it ensures each party receives notice of the case or filing. California’s rules vary by case type (civil, family, small claims, etc.) and byContinueContinue reading “Service of Pleadings in California – Requirements and Methods”

Telephone Conversation Recording Laws in North Dakota: Privacy and Consent

Introduction Understanding the laws governing telephone call recordings is crucial for legal professionals. Both North Dakota state law and federal law impose strict rules on who can record a telephone conversation and under what circumstances. These laws balance an individual’s right to privacy in communications with exceptions that permit recordings in certain cases. Notably, NorthContinueContinue reading “Telephone Conversation Recording Laws in North Dakota: Privacy and Consent”