When an action involving a recreational boating accident is brought in accordance with federal admiralty law, such federal admiralty law controls the issue of damages. Damages under federal admiralty law are similar to damages under the common law.
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 purpose of financial responsibility.
The federal Teacher Protection Act (TPA) preempts state laws to the extent that such laws are inconsistent with the provisions of the TPA. However, the TPA does not preempt state laws that provide additional protection from liability to school employees.
In some cases, a bystander may recover for negligent infliction of emotional distress, even though the bystander was not directly involved in an accident. For example, a wife is walking along a city street. By chance, she sees her husband's car approaching.
Under the common law, there existed a tort for the alienation of a spouse's affections. Although most states have enacted statutes that have abolished the tort, there are approximately nine states that permit such a tort action to be brought against a third party.
