accidents & injuries (tort law)

Adhesion Contract

A standard-form contract drafted by one party and signed by another in a weaker position. The signing party is typically a consumer with little commercial leverage, and must either reject the deal or accept it with little chance to influence the terms...

Adjuster

A representative of an insurance company who handles claims; both negotiation and settlement.

Aleatory

“Aleatory” means that something is dependent on an uncertain event, a chance occurrence. Aleatory is used primarily as a descriptive term for insurance contracts. An aleatory contract is a contract where performance of the promise is...

Alien Tort Statute

The Alien Tort Statute ("ATS"; also known as the Alien Tort Claims Act) refers to 28 U.S.C. § 1350, granting jurisdiction to federal district courts "of all causes where an alien sues for a tort only in violation of the law of nation or of a treaty of...

Appropriation

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...

Arrears

Debt that has accumulated and that has not yet been paid upon the due date. See arrearages.

Assault

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...

Assault and Battery

Assault and battery is a modern legal term which combines assault with the separate charge of battery. Assault refers to the wrong act of causing someone to reasonably fear imminent harm. This means that the fear must be something a...

Assumption of Risk

Potential plaintiffs sometimes take the risk of injury onto themselves and absolve potential defendants from any liability. Formerly, this was an affirmative defense available to defendants, but has since been subsumed by contributory and comparative...

Attractive Nuisance

Definition

A dangerous condition on a landowner’s property that may attract children onto the land and may involve risk or harm to their safety. Because child trespassers may not appreciate the risks that the dangerous condition poses, landowners...

Pages