A wrongful act or omission, other than a crime or a breach of contract, which the remedy is usually monetary damages.
A contract whose terms and intentions are explicitly stated.
A Contract whose terms and intentions are indicated by the actions of the parties to the contract and the surrounding circumstances.
A contract that meets all of the requirements to be enforceable
An agreement that is not a legally enforcement contract because it lacks one or more of the requirements of a contract such as agreement, consideration, capacity to contract, or legal purpose.
A contract that can be rescinded (canceled) at the election of one or both of the parties to it.
A contract that is a valid contract but that because of a technical defect cannot be enforced.
An object or man-made characteristic of a premise that attracts children and that imposes an extra duty of care on the premises owner.
Risk Control Point
A key stage in the life cycle of a liability claim in which the application of a risk control technique is expected to be most effective.
A contractual provision by which one party (the indemnitor) agrees to assume the liability of a second party (the indemnitee).
Exculpatory Agreement, or Exculpatory Clause
A contractual provision that enables a party to avoid liability for negligence or a wrongful act.
A legal responsibility that occurs when one party is held liable for the actions of a subordinate or associates because of the relationship between the two parties.
A process in which an impartial intermediary, usually selected by the parties to a dispute, assists them in reaching a settlement.
A process in which two or more parties agree to submit an existing dispute, or a specified class of possible future disputes, to an impartial person (the arbitrator) or persons (the arbitration panel) for binding resolution.
The statutory right of a party to require another party to submit a dispute to arbitration even though the other party has never agreed to such arbitration and prefers a court settlement.
The right to invade another's interests to promote or protect one's own, greater interests.
An exemption from liability
A legal defense to tort liability that asserts the plaintiff has a sufficient understanding of the risk and as a reasonably prudent person voluntarily accepted the risk.