Rules Regarding Road Signs and Markings

A state transportation department has the duty to place and maintain appropriate signs, signals, and other traffic control devices on highways that are under its jurisdiction. The state transportation department also has the duty to place and maintain signs, signals, and other traffic control devices that are in accordance with the state's vehicle or transportation code.

Tax Consequences of a Settlement in a Tort Action

When a plaintiff and a defendant enter into a settlement of the plaintiff's tort action, the tax consequences of the settlement will depend upon whether the damages are allocated in the settlement agreement.

Rules Regarding Unusual Driving Conditions

When the weather or other conditions affect a driver's view of a highway or roadway, the driver has a duty to act with reasonable care under the circumstances. In other words, the driver is required to act with the same degree of care that a reasonable person would have acted under the circumstances.

Tort Law -- Like an Implied Contract

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. This article discusses how tort law can be viewed as a series of implied contracts.

Defendant's Wrongful Use of Process

It is a tort to use the civil or criminal form of process to primarily seek a result other than that for which the form of process was intended. The conduct that encompasses the abuse of process is a defendant's wrongful use of the process for an ulterior purpose and some willful act in the use of the process to accomplish that ulterior purpose.