Intentional infliction of emotional distress (IIED) is a tort that occurs when one acts in a manner that intentionally or recklessly causes another to suffer severe emotional distress, such as issuing the threat of future harm....
tort law
(Wex page)
Overview
When two or more parties are jointly and severally liable for a tortious act, each party is independently liable for the full extent of the injuries stemming from the tortious act. Thus, if a plaintiff wins a money judgment against the...
(LIIBULLETIN preview)
Before a drug manufacturer can permanently add warnings to a drug label, the Food and Drug Administration (“FDA”) must approve the addition. In Re Fosamax Alendronate Sodium Prods. Liab. Litig.. There are two different ways to implement this change....
(Wex page)
A case where two defendants separately breach duties owned to a plaintiff, but there is an issue proving but-for causation in that each defendant can use the defense that neither of their breaches were there but-for causation of the plaintiff's harm,...
(Wex page)
Defense to liability for unlawful activity where the conduct cannot be avoided and one is justified in the particular conduct because it will prevent the occurrence of a harm that is more serious. In tort law, there are two different categories of the...
(Wex page)
Negligence is a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e...
(Wex page)
Prima facie is Latin for "at first sight."
OverviewPrima facie may be used as an adjective meaning "sufficient to establish a fact or raise a presumption unless disproved or rebutted." An example of this would be to use the term "prima...
(Wex page)
In tort law, a defense that can be used against charges of trespass where a defendant interferes with a plaintiff's property in an emergency to protect an interest of his own. Private necessity does not serve as an absolute defense to liability for...
(Wex page)
Overview
Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling...
(Wex page)
Res ipsa loquitur is Latin for "the thing speaks for itself."
Overview In tort law, a principle that allows plaintiffs to meet their burden of proof with what is, in effect, circumstantial evidence. The plaintiff can create a rebuttable...