Brien Roche
An estoppel is thought of as an act or statement by one party which causes another to change position to their loss. Not all of those elements …
Brien Roche
Contributory Negligence Bar-Substantial Fault
Contributory negligence is an affirmative defense. What that means is that the defense must be raised in a pleading. …
Brien Roche
Tort-Collateral Source Cases
The collateral source rule is a rule of evidence. It says that any collateral or side payment made to the plaintiff is not admissible. In other …
Company rules are not relevant to prove standard of care. That at least has been the view of the Supreme Court. In Pullen v. Nickens, 226 Va. 342, 350 (1983), the Court said that private …
Brien Roche
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 …
Brien Roche
Complete Analysis
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. …
Brien Roche
Apparent agency means just what the term says. That is, someone appears to be the agent of another. What appears to be however is not always so.
Apparent Agency and Estoppel
Sometimes …
A contract is an agreement between two or more people for consideration. Consideration is the tit-for-tat. It is the quid pro quo. In a more common sense way, it is simply the …
Brien Roche
Ordinary Course of Business
As part of most injury cases there is an investigation done by the insurer if there is one.
Certainly most insurers take statements and photos as part of …
Brien Roche
Electronic data records can come in several forms. There is another posting on this website dealing with electronic data …
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