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Torts Law Terms
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A three-part test used to determine whether the defendant's negligence caused the plaintiff's harm.
Palsgraf Test
The idea that certain activities are so dangerous that liability will always follow any harm that results.
Ultrahazardous Activity
A principle that limits damages the defendant must pay to only those harms they could have foreseen through their actions.
Proximate Cause
A wrongful act or an infringement of a right leading to legal liability.
Tort
Rights that can be protected and enforced through the legal system.
Legal Rights
Loss of future earning capacity due to an injury.
Loss of Consortium
An absolute bar to the plaintiff's recovery in a tort action, based on their voluntary encounter with a known danger.
Express Assumption of Risk
A legal principle that mandates an individual to suffer the consequences of his or her actions or omissions, rather than pushing the responsibility onto someone else.
Assumption of Risk
The responsibility for an accident or injury that can be attributed to the failing of another to act within the boundaries of reasonable conduct.
Fault
The interference with someone else's right to use and enjoy their property.
Private Nuisance
The concept that multiple parties can be held liable for the same event or transaction.
Joint and Several Liability
A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.
Negligence
A type of liability that does not depend on actual negligence or intent to harm, but that is based on the breach of an absolute duty to make something safe.
Strict Liability
Unreasonably dangerous deviation from a safe norm, such as a manufacturer failing to meet its own product specifications.
Manufacturing Defect
When one person owes another a duty of attentive, considerate behavior.
Duty to Rescue
An attempt to reconcile financial compensation for injury with a person's level of fault.
Comparative Negligence
A legal concept by which a defendant can argue that they were not the cause of the plaintiff's harm, suggesting the existence of an additional, intervening cause.
Intervening Cause
A legal concept that protects a rescuer who voluntarily helps a victim in distress from being sued for wrongdoing.
Good Samaritan Law
The event without which the injury would not have occurred.
Cause in Fact
Legally, what the reasonable person would believe, perceive, or do in a particular situation.
Reasonable Person Standard
When someone commits a tortious act and is in violation of a contractual obligation.
Tortious Interference
A defense to negligence that bars any recovery from the plaintiff who has contributed to their own injury.
Contributory Negligence
The sum intended to make up for actual loss, injury, or damage assessed by a court.
Compensatory Damages
A court-ordered act or prohibition against an act that redresses a wrong or protects a right.
Injunction
Obligations that exist for the benefit of society and are enforced by the force of law and public agencies.
Public Duties
A type of intentional tort that consists of a demeaning false statement made by one person about another, which is communicated to a third party.
Character Defamation
A false and malicious publication printed for the purpose of defaming a living person.
Libel
A type of product defect that occurs when there are inadequate instructions or warnings that could prevent consumer injury.
Warning Defect
Damages awarded over and above compensatory damages, usually to punish the defendant for egregious conduct.
Punitive Damages
The initiation of a lawsuit to enforce a right or redress a wrong.
Civil Action
A legal obligation that is owed or due to another and that needs to be satisfied; an obligation for which somebody else has a corresponding right.
Duty of Care
A legal principle that holds a party responsible for the actions of their subordinates under their control.
Vicarious Liability
A doctrine where the plaintiff's damage award is reduced by the percentage of their fault, to the extent of their own negligence, but not barred completely.
Modified Comparative Negligence
The intentional and unlawful taking of another person's property with the intent to permanently deprive them of it.
Conversion
A spoken defamatory statement.
Slander
The legal responsibility of manufacturers and sellers to compensate for injury caused by defective products.
Product Liability
The standard of proof that must be met by a plaintiff if they wish to win a civil action.
Preponderance of Evidence
A type of negligence that can occur when an attorney provides legal services below the standard of care expected, causing harm to a client.
Legal Malpractice
An intentional act committed on someone else's property that substantially and unreasonable interferes with their property rights.
Trespass to Land
General term for suffering that cannot be attributed to economic losses like medical expenses or lost wages.
Non-economic Damages
When someone who is not the original tortfeasor voluntarily assumes a duty through their actions and thus may become liable.
Voluntary Undertaking
The breach of a public duty imposed by law which causes injury or damage.
Public Nuisance
A statement that defames or harms the reputation of another person.
Defamation
The intentional confinement of a person against their will.
False Imprisonment
The concept that minimal harm can still result in damages.
Eggshell Skull Rule
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