The responsibility imposed by law for an act or the failure to act.
A wrongful act or omission, other than a creime or a breach of contract, for which the remedy is usually monetary damages.
The failure to exercise the degree of care that a reasonably prudent person would have exercised under similar circumstances to avoid harming another person or legal entity.
A body of principles and rules derived from court decision over time.
A written law passed by a legislative body.
A cause that, in a natural and continuous sequence unbroken by any new and independent cause, produces an event and without which the event would not have happened.
Payment for the losses actually sustained by the plaintiff.
Compensatory damages for actual losses that the plaintiff claims are the result of the defendant's wrongful act or omission.
Compensatory damages that do not have an economic value and that are presumed to follow from the type of wrong claimed by the plaintiff.
Damages that are imposed if the defendant acted recklessly or maliciously to punish the defendant, to teach the defendant a lesson, or to deter others from engaging in the same kind of conduct.
A court order that requires the defendant to stop doing something or to do something.
The plaintiff's own negligence that in part caused the plaintiff's harm and that prevents the plaintiff from recovering damages.
The plaintiff's negligence that in part caused the plaintiff's harm and that proportionally reduces the damages that the plaintiff recovers.
Assumption of Risk
The plaintiff's act of knowingly and voluntarily accepting the possibility of harm.
Statute of Limitations
A statute that sets forth the periods of time within which various types of legal actions must be brought.
Negligence per se
An act that is considred inherently negligent because of a violation of a law or ordinance.
Joint and several liability
The liability of multiple defendants either collectively or individually for the entire amount of damages sought by the plaintiff reglardless of their relative degree of responsibility.
Res ipsa loquitur
A legal doctrine that provides that, in some circumstances, negligence is inferred simply by an accident occurring.
A legal responsibility that occurs when one party is held liable for the actions of a subordinate or associate because of the relationship between the two parties.
A tort committed with general or specific intent to perform the act that is held to be a tort.
The threat of force against another person that creates a well-founded fear of imminent harmful or offensive contact.
Harmful or offensive contact with another person.
The restraint or confinement of a person without consent or legal authority.
The seizure or forcible restraint of a person without legal authority.
A false written or oral statement that damages wnother's reputation.
A defamatory statement expressed in a written or fixed form.
A defamatory statement expressed by speech.
The improper institution of legal proceedings against another.
Malicious Abuse of Process
The use of civil or criminal procedures for a purose for which they were not designed.
Unauthorized entry to another person's real property or forcible interference with another person's personal property.
The unlawful exercise of control over another person's personal property to the detriment of the owner.
Anything interfering with another person's use or enjoyment of property.
A deliberate misrepresentation or concealment of fact in order to make a person act to his or her detriment.
A false or misleading statement about another's business, products, or services.
Strict Liability, or Absolute Liability
Liability that is not based on negligence or intent to cause harm.
A promise that requires some action by the intended recipient to make an agreement.
The assent to an offer that occurs when the party to whom an offer has been made either agrees to the proposal or does what has been proposed.
A contract in which only one party makes a promise or undertakes the requested performance.
A contract in which each party promises a performance.
Something of value from the promisee that the promisor requested or bargained for in a contract.
The basic or minimal ability to do something and the mental ability to understand problems and make decisions.
Capacity to Contract
A legal qualification that determines one's ability to enter into an enforceable contract.
Statute of Frauds
A law to prevent fraud and perjury by requiring that certain contracts be in writing and contain the signature of the party responsibile for perfoming that contract.
Breach of Contract
The failure to perform as promised under a contract.