accidents & injuries (tort law)

Entity Liability

The concept of entity liability allows a corporation to be held liable for the criminal misdeeds of its agents if (1) the agent is acting within the actual or apparent scope of their employment or authority and (2) if the agents intend, at...

Evaluative Fact

A fact that is plugged into a rule of law to determine if an action was reasonable or negligent.

See Negligence.

Ex Delicto

Ex delicto is a catch-all term that refers to the consequences of a tortious action and sometimes a criminal action. Ex delicto is to be contrasted with the other Latin term ex contractu which refers to the consequences from breaching a...

Excessive Force

Excessive force refers to force in excess of what a police officer reasonably believes is necessary. A police officer may be held liable for using excessive force in an arrest, an investigatory stop, or other seizures. A police officer may also be...

Exculpatory Clause

An exculpatory clause is part of a contract that prevents one party from holding the other party liable for damages related to the contract. Exculpatory clauses are used quite often in purchases such as the ones included with an amusement...

Exemplary Damages

See punitive damages.

Extenuating Circumstances

Extenuating circumstances–also called mitigating factors–are facts or details that are important for fully understanding a situation. With this understanding, the actions a person took in that event might be viewed as less severe, or that...

Factor

1. A cause or reason that contributes to some result.

2. An agent hired to sell property on behalf of its owner. The factor is given control and possession of the property from the start of the sale period until either the time of sale or the...

False Imprisonment

Overview

False imprisonment is an act punishable under criminal law as well as under tort law. Under tort law, it is classified as an intentional tort. A a person commits false imprisonment when he commits an act of restraint on another person which...

False Light

One of several torts under the category of invasion_of_privacy where a defendant is accused of spreading falsehoods about a plaintiff that would be considered objectionable by the average person. This tort overlaps with defamation, where the lies...

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