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...
accidents and injuries
egregious
Egregious, from the Latin egregius, meaning “illustrious” or literally “standing out from the flock” is a term used to describe a conduct that is flagrant, or outrageous in comparison to a normal standard of conduct. In general, the term...
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...
excessive verdict
An excessive verdict is a verdict that shocks the conscience of the court because it appears to stem from factors extraneous the judicial proceedings. For instance, the jury may have been prejudiced against the defendant or overly swayed by...
exemplary damages
Overview
Exemplary damages, better known as punitive damages, refer to extra damages awarded beyond that actually incurred by the plaintiff. Punitive damages are considered punishment or damages intended to dissuade and are typically awarded...
exonerative fact
To exonerate means to clear from an accusation. An “exonerative fact” appears in two different legal contexts.
First, the common law defines an exonerative fact as a fact that modified a legal relationship in a way that extinguished...expert witness
An expert witness is a person with specialized knowledge, skills, education, or experience in a particular field who is called upon to provide their expertise in legal proceedings to assist the court with understanding complex technical or...
extrinsic fraud
Extrinsic fraud is an act of deception or misrepresentation outside the event itself which deprives the victim of material information or participation. Compare to: intrinsic fraud.
Extrinsic fraud commonly arises in...
face amount
Face amount refers to what the words or numbers on the printed page of a financial instrument literally say. Often used in the context of life insurance, the face amount refers to the stated amount of money payable to the deceased’s...
Federal Tort Claims Act
The Federal Tort Claims Act, also known as the FTCA, is a federal statute which authorizes private tort actions against the United States where, if the United States were a private person, it would be liable to the claimant according to the...