An abnormally dangerous activity is related to tort law. The Restatement of Torts defines it as 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...
mass tort litigation
actual cause
Actual cause is a necessary element for both liability in civil cases and a guilty verdict under much of criminal law. In both civil and criminal cases, actual cause is determined by the but-for cause test; however, some jurisdictions also...
adhesion contract
An adhesion contract, also known as a contract of adhesion, is a contract where the parties are of such disproportionate bargaining power that the party of weaker bargaining power could not have negotiated for variations in the terms of the...
assumption of risk
Assumption of risk is a common law doctrine that refers to a plaintiff’s inability to recover for the tortious actions of a negligent party in scenarios where the plaintiff voluntarily accepted the risk of those actions. Potential plaintiffs...
care
Care means watchful attention, prudence, diligence. Care is the opposite of negligence or carelessness and the amount of care to be exercised in a particular situation is determined by standard of conduct which may be expected from a person...
careless
“Careless” can be construed as negligence or failure to act with necessary prudence. Not showing or taking enough care and attention may lead to carelessness. The word careless is used to determine a standard of conduct under various branches...
carrier
Carrier is anyone that transports people or property for hire by any means of conveyance (land, water, air or pipeline). There are two types of carriers: common carriers and private carriers.
Common carriers offer...
casualty
Casualty can refer to both an unforeseen accident or disaster, as well as the resulting harm from said accident or disaster. Whether people, places, or things, anything can be considered a casualty of a certain harm. 26 U.S. Code § 165...
casualty loss
Casualty loss is limited to loss caused by some sudden, unexpected, and external force such as fire, storm, shipwreck, or similar event or accident. According to the Internal Revenue Code, a “personal casualty loss” means any losses of...
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...