The Virginia Dead Man’s Statute is misnamed. It really doesn’t apply just to dead men. Rather it applies to cases where a person is not able testify. Being unable to testify may be a result of injury, amnesia, treatment, medication … Continue reading
An estoppel is an act or statement by one party which causes another to change position to their loss. Not all of those elements must be present for every type of estoppel. If you have ever been a tenant … Continue reading
Contributory Negligence Bar-Substantial Fault Contributory negligence is an affirmative defense. What that means is that the defense must be raised in a pleading. The exception to that is where the plaintiff’s own evidence gives rise to this defense. In that … Continue reading
Collateral Source Cases-Tort The collateral source rule is a rule of evidence. It should be called the source of payment rule. It says that any collateral or side payment made to the plaintiff is not admissible. In other words a … Continue reading
Fiduciary Duty Cases The word ‘fiduciary’ literally means purse. A fiduciary duty relates to a purse or money. That is, something of value. The person who has the fiduciary duty has something of value that he is holding on behalf … Continue reading
Complete Analysis of Craving Oyer A motion craving oyer is an old form of pleading in Virginia. The purpose is to compel the other party to attach to the initial pleading an important document. In most cases that important document … Continue reading