Due care, also referred to as ordinary care and reasonable care, is the standard of care where a reasonable person would exercise in the same situation or under similar circumstances. This standard of care is used in a tort action to...
tort damages
due diligence
Care or attention to a matter that is sufficient to avoid liability, though not necessarily exhaustive. For example, the Securities Act § 11(b)(3) allows parties involved in a securities offering to escape § 11 fraud liability if they conducted due...
duty to mitigate
The duty to mitigate refers to a party’s obligation to make reasonable efforts to limit the harm they suffer from another party’s actions. Parties have a duty to mitigate in both torts and breaches of contracts. Failure to discharge this duty...
economic torts
Economic torts, also known as business torts, refer to a bundle of torts that come up from business transactions and are probable to result in pure economic loss. They include fraud, negligent misrepresentation, interference with contractual...
eggshell skull
“Eggshell skull” refers to a legal doctrine, which holds that a defendant’s liability in a tort claim is not mitigated by a plaintiff’s unforeseeable, pre-existing susceptibility to injury. Under the doctrine, a defendant is liable for any...
eggshell skull rule
The eggshell skull rule, also known as the thin skull rule, is a common law doctrine that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional tort. If the defendant...
emergency doctrine
The common-law emergency doctrine, also called the imminent-peril doctrine; sudden-emergency doctrine; sudden-peril doctrine; sudden-peril rule, is a legal principle excusing a person from the ordinary standard of reasonable care if he or she...
emotional distress
Emotional distress refers to mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition. Emotional distress can usually be discerned from...
entity liability
In business law, entity liability is when a corporation is treated as an independent legal entity, and should be held liable for the liabilities incurred by the business.
The concept of entity liability allows a corporation...
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...