Edenhofer Law Offices, S.C., lawyers in Salem, WI, Wisconsin

The Basic Law of Fraud

As a general rule, it is not illegal to say something that is not true. The general rule probably evolved from the fact that, in addition to engaging in intentional deception, human beings can simply be mistaken. It is also true that some false statements do not deceive because they come from sources known to be unreliable. If we do not rely on the mistaken statements of others, they do us no harm.More...

Tort Law Depends upon State 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. This article discusses how tort law depends upon state law.More...

Negligence Per Se

Ordinarily, a jury determines whether a defendant was negligent in a personal injury action. However, in some cases, a court may determine that a defendant was "negligent per se." If a court determines that a defendant is guilty of negligence per se, then the defendant's negligence is conclusively established and the plaintiff is not required to offer further evidence of the defendant's negligence. More...

Causing a Spouse to Separate from or to Refuse to Return to Another Spouse

Under the common law, there existed a tort for causing a spouse to separate from or to refuse to return to another spouse. Although most states have enacted statutes that have abolished the tort, there are a few states in which a spouse may bring an action against a third party for the tort. More...

Rescue Doctrine

A "rescuer" is one who responds to a risk of imminent peril to a victim, usually created by another party. The rescuer's efforts, however, are not always successful. In some instances, the rescuer or the victim may be injured during the course of the rescue. The "rescue doctrine" addresses the liability of the rescuer and the creator of the peril in relation to injuries to the victim and the liability of the creator of the peril to the rescuer for injuries caused during the rescue.More...