tort law

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DEFINITION

In tort law, an activity that (1) is not of common usage, and (2) creates a foreseeable and highly significant risk of physical harm even when reasonable care is exercised by all actors. See Restatement (Third) of Torts § 20(b) (2009). A...

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Overview

In tort law, actual damages is a type of damages which refers to compensation awarded by a court in response to a loss suffered by a party.

The Supreme Court held in Birsdall v. Coolidge, 93 U.S. 64 (1876) that the phrases "compensatory...

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One of several torts falling under the category of invasion_of_privacy. Appropriation occurs when a defendant uses a plaintiff's name, likeness, or image without his or her permission for commercial purposes. When a defendant uses a plaintiff's name or...

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Definition

The definition of assault varies by jurisdiction, but is generally defined as intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. Physical injury is not required.

Overview

Some...

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Overview

Assault and battery exists in both the tort law context and the criminal law context.

Respectively, "assault" and "battery" are separate offenses. However, they often occur together, and that occurrence is referred to as "assault and...

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Overview

Battery exists in both the tort law context and the criminal law context. In tort law, assault is considered an intentional tort.

Definition

1. In criminal law, this is a physical act that results in harmful or offensive contact with...

(LIIBULLETIN preview)

This case turns on the Supreme Court's interpretation of the word “unavoidable” as it is used in 42 U.S.C. § 300aa-22(b)(1) of the National Childhood Vaccine Injury Act (“NCVIA”). See Bruesewitz v. Wyeth Inc., 561 F.3d 233, 245 (3d Cir. 2009). The...

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The but-for test is a test commonly used in both tort law and criminal law to determine actual causation. The test asks, "but for the existence of X, would Y have occurred?"

Of the numerous tests used to determine causation, the but-for test...

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A tort claim where the claimant is an organization or an individual and the claim comes in the course of the business or profession of the claimant and does not include damages arising out of personal injury to or the death of an individual.

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