tort damages
Count
Definition from Nolo’s Plain-English Law DictionaryIn a civil case, each separate statement in the complaint that, standing alone, would support a lawsuit. For example, a complaint might begin with a "first count" for negligence, with detailed factual...
Damages
Definition
In tort law, a remedy in the form of monetary compensation to the harmed party.
Damages: An OverviewDamages refers to the sum of money the law imposes for a breach of some duty or violation of some right. Generally, there are two types...
Debtor and Creditor
debtor and creditor: an overview
Debtor-creditor law governs situations where one party is unable to pay a monetary debt to another. There are three types of creditors. First are those who have a lien against a particular piece of property. This...
Defamation
Overview
Defamation is a statement that injures a third party's reputation. The tort of defamation includes both libel (written statements) and slander (spoken statements).
ElementsTo prove prima facie defamation, a plaintiff must show four...
Defense of Property
Affirmative defense to liability for an alleged crime that one used force in order to protect one's property.
Design Defect
In the law of products liability, a design defect exists when a defect is inherent in the design of the product itself. In a products liability case, a plaintiff can only establish a design defect exists when he proves there is hypothetical alternative...
Direct and Proximate Cause
Definition from Nolo’s Plain-English Law DictionaryThe immediate reason that something happened that caused harm to another person. The words are often used together, as in "The defendant's negligent act in running the red light was the direct and...
Disclaim
Definition from Nolo’s Plain-English Law Dictionary1) To refuse or give away a claim or a right to something. For example, if your aunt leaves you a white elephant in her will and you don't want it, you can refuse the gift by disclaiming your ownership...
Dog-bite Statute
Definition from Nolo’s Plain-English Law DictionaryA state law that makes dog owners liable for injuries caused by their dogs, even if an owner didn't know that the dog was likely to cause that kind of injury. More than half the states now have such dog-...
Dram Shop Rule
Definition from Nolo’s Plain-English Law DictionaryA law that makes a business that sells alcoholic drinks or a host who serves liquor to an obviously intoxicated person strictly liable to anyone injured by the drunken patron or guest.
Definition...