product liability law

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...

Arrears

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

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...

bait and switch

A “bait and switch” takes place when a seller creates an appealing but ingenuine offer to sell a product or service, which the seller does not actually intend to sell. This initial advertised offer is “the bait.” Then the seller switches customers...

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...

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...

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