tort damages

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...

Act of God

At common law, an overwhelming event caused exclusively by natural forces whose effects could not possibly be prevented (e.g., flood, earthquake, tornado). In modern jurisdictions, "act of God" is often broadened by statute to include all natural...

Actual Cause

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

Actual Damages

Overview

In tort law, actual damages is a type of damages which refers to compensation awarded by a court in response to a loss suffered by a party.

The Supreme Court held in Birsdall v. Coolidge, 93 U.S. 64 (1876) that the phrases "compensatory...

actuarial tables

Definition

Statistical tables that display the life expectancies of people based on certain characteristics such as age, gender, family...

Adequate Remedy

An adequate remedy is one that affords complete relief with reference to the particular matter in controversy, and which is appropriate to the circumstances of the case. An adequate remedy has also been described as a remedy that is complete,...

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...

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...

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...

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