Chapter 231

Section 85J. Whoever, by deceit or fraud, sells personal property shall be liable in tort to a purchaser in treble the amount of damages sustained by him.

Section 85K. It shall not constitute a defense to any cause of action based on tort brought against a corporation, trustees of a trust, or members of an association that said corporation, trust, or association is or at the time the cause of action arose was a charity; provided, t…

Section 85L. In an action of tort for personal injuries, property damage or consequential damages caused by or arising from the operation of a motor vehicle in which the plaintiff was a passenger in the exercise of due care, the plaintiff may recover in an action against the oper…

Section 85M. In any action of contract or tort in which the defendant is the owner or operator of a privately or publicly owned or operated garage, lot, or other facility used for the parking or storage of motor vehicles for a fee, it shall not constitute a defense that said owne…

Section 85N. No member of a professional society or of a duly appointed committee thereof, or a duly appointed member of a committee of a medical staff of a licensed hospital or a health maintenance organization licensed under the provisions of chapter one hundred and seventy-six…

Section 85O. Any person who has attained the age of eighteen shall have full legal capacity to act in his own behalf in the matter of contracts and shall be liable in any civil action for breach thereof.

Section 85P. Except as otherwise specifically provided by law, any person domiciled in the commonwealth who has reached the age of eighteen shall for all purposes, and any other person who has reached the age of eighteen shall with respect to any transaction governed by the law o…

Section 85Q. Any person who maintains an artificial condition upon his own land shall be liable for physical harm to children trespassing thereon if (a) the place where the condition exists is one upon which the land owner knows or has reason to know that children are likely to t…

Section 85R. No member of a sailboat racing committee, club or association or of a yacht club association which conducts a race or regatta shall be liable for injuries to persons or property arising out of the conduct of such race or regatta in the absence of wilful, wanton or re…

Section 85S. (a) The general court hereby finds and declares that the physical alteration or destruction of fine art, which is an expression of the artist's personality, is detrimental to the artist's reputation, and artists therefore have an interest in protecting their works of…

Section 85T. In any action for personal injuries, property damage or consequential damages caused by or arising out of the negligent serving of alcohol to an intoxicated person by a licensee properly licensed under chapter one hundred and thirty-eight or by a person or entity ser…

Section 85U. No person who is a lawful occupant of a dwelling shall be liable in an action for damages for death or injuries to an unlawful occupant of said dwelling resulting from the acts of said lawful occupant; provided, however, that said lawful occupant was in the dwelling …

Section 85V. As used in this section, unless the context requires otherwise, the following words shall have the following meanings:— ''Compensation'', shall not include reimbursement for reasonable expenses actually incurred or to be incurred or, in the case of umpires or referee…

Section 85W. Except as provided otherwise in this section and in section eighty-five V, no person who serves without compensation in excess of $500 per year, other than reimbursement for actual expenses, as an officer, director or trustee of any nonprofit charitable organization …

Section 85X. The parents of a minor child or an adult child who is dependent on his parents for support shall have a cause of action for loss of consortium of the child who has been seriously injured against any person who is legally responsible for causing such injury.

Section 85Y. Notwithstanding any general or special law to the contrary, the owner of any property containing premises operated by a person other than such owner as a child care facility shall not be subject to any claim, liability or penalty arising from or based upon any injury…

Section 85Z. A person who has been adjudged to be in contempt of an order or judgment for child support entered pursuant to chapter 119, 207, 208, 209, 209A, 209C, 209D or 273 who knowingly makes a conveyance without fair consideration to an individual shall be liable in a civil …

Section 87. In any civil action pleadings shall not be evidence on the trial, but the allegations therein shall bind the party making them.

Section 88. An offer of judgment made under the provisions of the Massachusetts Rules of Civil Procedure or the District-Municipal Courts Rules of Civil Procedure which is not accepted shall not be evidence against the party making it, either in a subsequent proceeding in the act…

Section 89. The answers of a party to interrogatories filed may be read by the other party as evidence at the trial. The party interrogated may require the whole of the answers upon any one subject matter inquired of to be read, if a part of them is read; but if no part is read, …

Section 9. In an action to recover possession of real property for a term of years or other interest, if the defendant is wrongfully in possession it shall not be material how he obtained such possession.

Section 91. In an action of slander or libel, if the defendant alleges that the words spoken or published were true, such allegation, although not supported by the evidence, shall not of itself be proof of the malice alleged in the complaint, nor shall statements of the defendant…

Section 91A. The owner, operator or licensee of a radio or television station or network of such stations or the agent or servant of any such person shall not, in an action for slander or for publishing a libel, be held liable in damages for or on account of any defamatory matter…

Section 91B. It shall be a defense to any claim for libel or slander brought by a vendor against a purchaser of goods or services that the statement on which the claim is based relates to a loan from a bank used to purchase such goods or services and was made by the purchaser in …

Section 92. The defendant in an action for writing or for publishing a libel may introduce in evidence the truth of the matter contained in the publication charged as libellous; and the truth shall be a justification unless actual malice is proved.

Section 93. Where the defendant in an action for libel, at any time after the publication of the libel hereinafter referred to, either before or after such action is brought, but before the answer is required to be filed therein, gives written notice to the plaintiff or to his at…

Section 94. In an action for libel, the defendant may allege and prove in mitigation of damages that the plaintiff already has brought action for or recovered damages for, or has received or has agreed to receive compensation in respect of, substantially the same libel as that fo…

Section 94A. If a person authorized to make an arrest shall have probable cause to believe that a misdemeanor for which he may make an arrest is being committed in his presence, such probable cause shall be a defence in an action brought against him for false arrest or imprisonme…

Section 94B. In an action for false arrest or false imprisonment brought by any person by reason of having been detained for questioning on or in the immediate vicinity of the premises of a merchant or an innkeeper, if such person was detained in a reasonable manner and for not m…

Section 94C. In an action for false arrest or false imprisonment brought by any person by reason of having been detained for questioning on or in the immediate vicinity of the custodian of the record, it shall be a defense to such action if such person was detained in a reasonabl…

Section 95. In an action upon a judgment obtained by default and without the knowledge of the defendant, brought within six years after the rendition thereof, the court may, in its discretion and upon terms, allow the defendant to show in defense any payment, satisfaction or exti…

Section 96. On motion made pursuant to the Massachusetts Rules of Civil Procedure or the District-Municipal Courts Rules of Civil Procedure, and upon such terms as are just, a court may relieve a party or his legal representative from a final judgment. If no attachment was made i…

Section 97. Unless a written waiver of the right of appeal has been filed by all the parties, a party aggrieved by the judgment of a district court in a civil action may appeal therefrom to the superior court within 6 days after the entry thereof. In that case no execution shall …

Section 98. No appeal, other than an appeal by a county, city, town or other municipal corporation, from a judgment of a district court in any civil action or proceeding, except an action of summary process under chapter two hundred and thirty-nine, or a civil action for money da…

Section 99. The appellant or any person in his behalf, instead of filing a bond as provided in the preceding section, may deposit with the clerk, within the time required for filing a bond, a reasonable amount, to be fixed by the clerk or justice, as security for the prosecution …