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...
product liability law
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...
arrears
Arrears is defined as debt that has accumulated and that has not yet been paid upon the due date. For instance, if someone falls $5000 behind in paying for their mortgage, then they have built up $5000 in arrears. See also: arrearages.
...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...
bait and switch
A “bait and switch” takes place when a seller creates an appealing but ingenuine offer to sell a product or service, which the seller does not actually intend to sell. This initial advertised offer is “the bait.” Then the seller switches customers...
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...
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...