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Defamation law principles - Elements of cause of action and defenses to defamation suit 16 Jul 2013 | 11:29 am
The General Law Concerning Defamation "Defamation" is generally defined as the invasion of a person's interest in his or her reputation and good name. PROSSER & KEETON ON TORTS § 111, at 771 (5...
Forcible Detainer ... Huh? What? 16 Jul 2013 | 05:38 am
What do lawyers and landlords mean by "forcible detainer"? It's what leads to eviction; -- the failure to move out when the renter or previous owner no longer has the right to be in the house or in t...
Suit on sworn account not a cause of action, but a different way to plead a suit on account 9 Jul 2013 | 03:42 am
San Antonio Court of Appeals reiterates that a sworn account is not a cause of action in its own right, but instead a procedural vehicle to present a prima facie case. The benefit of a prime facie cas...
Credit card debt claim as breach of contract (breach of cardmember or account agreement) in Texas courts 19 Jun 2013 | 03:11 am
FINANCIAL INSTITUTION'S LEGAL THEORY FOR COLLECTION OF CREDIT CARD DEBT IN TEXAS COURTS: BREACH OF CONTRACT In Texas, collection of the amount due under a credit card agreement is treated as a claim ...
Physical vs. psychological pain as elements of damages in tort case 2 Jun 2013 | 01:03 am
physical pain and mental anguish as separate elements of damages Courts have held that physical pain and mental anguish are in fact separate and distinct elements of damage for personal injuries. See...
Physical vs. psychological pain as elements of damages in tort case 2 Jun 2013 | 01:03 am
physical pain and mental anguish as separate elements of damages Courts have held that physical pain and mental anguish are in fact separate and distinct elements of damage for personal injuries. See...
How do parties enter into a legally binding arbitration agreement? 1 Jun 2013 | 01:22 am
ELEMENTS OF ARBITRATION AGREEMENT The elements of a valid arbitration agreement are: (1) an offer; (2) acceptance in strict compliance with the terms of the offer; (3) a meeting of the minds; (4) eac...
How do parties enter into a legally binding arbitration agreement? 1 Jun 2013 | 01:22 am
ELEMENTS OF ARBITRATION AGREEMENT The elements of a valid arbitration agreement are: (1) an offer; (2) acceptance in strict compliance with the terms of the offer; (3) a meeting of the minds; (4) eac...
Declarations as a form of judicial relief (under the DJA) 31 May 2013 | 05:00 pm
Declaratory relief under the DJA (Declaratory Judgments Act) CLAIMS UNDER THE TEXAS VERSION OF THE UNIFORM DECLARATORY JUDGMENTS ACT (UDJA) Under the declaratory judgment act, "[a] person interested...
Declarations as a form of judicial relief (under the DJA) 31 May 2013 | 05:00 pm
Declaratory relief under the DJA (Declaratory Judgments Act) CLAIMS UNDER THE TEXAS VERSION OF THE UNIFORM DECLARATORY JUDGMENTS ACT (UDJA) Under the declaratory judgment act, "[a] person interested...
