tort law

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Overview

The tort of intentional infliction of emotional distress (IIED) occurs when one acts abominably or outrageously with intent to cause another to suffer severe emotional distress, such as issuing the threat of future harm.

Prima Facie Case...
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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 parties...

(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....

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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,...

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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...

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Definition

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.g...

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Definition

Latin for "at first sight."

Overview

Prima 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 facie...

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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...

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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...

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Definition Latin for "the thing speaks for itself." OverviewIn 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 presumption of negligence...

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