{"id":11367,"date":"2017-12-23T04:53:11","date_gmt":"2017-12-23T04:53:11","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=11367"},"modified":"2020-10-17T21:39:15","modified_gmt":"2020-10-17T21:39:15","slug":"tort-of-another-doctrine-in-some-states-a-statutory-rule-that-authorizes-a-court-to-award-litigation-related-expenses-including-attorneys-fees-to-a-prevailing-party-forced-to-bring-or-de","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=11367","title":{"rendered":"Tort-of-Another Doctrine – allows courts to award litigation-related expenses (e.g. attorney\u2019s fees) to a prevailing party forced to bring or defend a suit against a third party for a tort committed by someone else who refused to bring or defend the lawsuit"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 <\/span>This page is continued from<\/span> Civil Law Self-Help<\/a> <\/span>>>>><\/span> \u00a7 1 <\/a><\/span>Tort<\/i><\/span><\/em> or <\/span><\/em>Breach of<\/i><\/span><\/em> <\/i>Contract<\/i><\/span><\/em><\/a> <\/i>>>>><\/span> Torts<\/a><\/span>:<\/span><\/span><\/strong><\/p>\n

****************************<\/p>\n

tort-of-another doctrine<\/span>:<\/span><\/span>
\n<\/strong>(1986)<\/span><\/span><\/p>\n

1. Torts.<\/em> In some states, a statutory rule that authorizes a court to award litigation related expenses, including attorney\u2019s fees, to a prevailing party forced to bring or defend a lawsuit against a third party for a tort committed by someone else who refused, after notice, to bring or defend the lawsuit.\u00a0 *\u00a0 The tort-of-another doctrine is an exception to the general American rule about attorney\u2019s fees.\u00a0<\/strong>[1]<\/span><\/p>\n

American Rule<\/span>:<\/span><\/strong><\/span>
\n(1868)<\/span><\/span><\/p>\n

1. The general policy that all<\/span> litigants<\/a>, even the prevailing one, must bear their own attorney’s fees.\u00a0 The Rule is subject to bad-faith and other statutory and contractual exceptions.<\/span><\/strong> [1]<\/span><\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

\n

[1]: Black’s Law Dictionary <\/a>Deluxe Tenth Edition<\/a><\/span><\/strong> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

******************************************<\/span><\/p>\n

Back to<\/span> Torts<\/a><\/strong><\/span><\/p>\n

Criminal and Civil Law – <\/strong><\/span>what’s the difference?<\/span><\/strong><\/em><\/a><\/p>\n

Like this website?<\/span><\/span><\/strong><\/p>\n

Please Support Our Fundraiser<\/span><\/a><\/strong><\/p>\n

or donate via\u00a0<\/span><\/span><\/strong>PayPal<\/span><\/a><\/strong>:<\/span><\/span><\/strong><\/p>\n