mass tort litigation

Abnormally Dangerous Activity

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...

Actual Cause

A factor without which the result in question could not happen. The but-for test is often used to determine actual causation.

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...

Care

Definition from Nolo’s Plain-English Law DictionaryAttention, prudence, having responsibilty for. Care is the opposite of negligence and a person exercising reasonable care cannot be liable for injuries that occur as a result of that person's actions.

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Careless

Definition from Nolo’s Plain-English Law Dictionary1) Negligent. 2) The opposite of careful. A careless act can result in the careless person being responsible for damages caused to others by the carelessness.

Definition provided by Nolo’s Plain-English...

Carrier

Definition from Nolo’s Plain-English Law DictionaryAny business that transports property or people by any means of conveyance (truck, auto, taxi, bus, airplane, railroad, ship) for a charge. There are two types of carriers: common carrier (in the regular...

Casualty

Definition from Nolo’s Plain-English Law Dictionary1) An accident or event which could not have been foreseen or avoided, such as a shipwreck, fire, or earthquake. 2) The liability or loss resulting from such an accident or event. (See: casualty loss)

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Casualty Loss

Definition from Nolo’s Plain-English Law DictionaryFinancial loss or loss of property arising from a sudden, unexpected, or unusual event such as a storm, flood, fire, shipwreck, or earthquake. Casualty loss qualifies for a tax deduction benefit. (See...

Cause

Usually describes the reason something happens. The concept of cause has been used in many areas of law.

In tort law, the plaintiff must prove that the defendant caused the alleged tort. Factual (or actual) cause and proximate cause are the...

Civil Liability

Civil liability is a legal obligation that requires a party to pay for damages or to follow other court-enforcements in a lawsuit. Different from criminal liability, which is often brought by the state to redress a public wrong,...

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