A defect is an imperfection or insufficiency, which may be present in a product, property, process, or legal document. In product liability law, there are three general types of defects—defects of design, manufacturing, or marketing. A design...
product liability law
defective
The term defective is used in reference to something that is incapable of fulfilling its function, due to an error or flaw. Some common uses of the term “defective” in a legal sense include:
Cases such as this one from New Jersey,...design defect
A design defect means that the product was manufactured correctly, but the defect is inherent in the design of the product itself, which makes the product dangerous to consumers. For example, mechanical defects, which are common in cars and...
direct and proximate cause
Direct and Proximate Cause Definition:
See legal cause.
disclaim
Disclaim, in a legal sense, means to give up a legal claim, obligation or right to something. Rejecting one’s claim to inheritance is an example of when one disclaims.
Disclaim also means to deny responsibility for something. When used in this sense,...
duty
1) Requirement to perform some conduct required by law, custom, morality, or personal commitment. This requirement often created a right in the other that the duty be performed, and a breach of such duty (ex. Fiduciary duty, duty of...
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...
evaluative fact
An evaluative fact is a fact that is plugged into a rule of law to determine if an action was reasonable or negligent. Here are some examples:
Scenario 1: A is driving their car down the road and runs a red light, hitting B...
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...
exculpatory clause
An exculpatory clause is part of a contract that prevents one party from holding the other party liable for damages related to the contract. Exculpatory clauses are used quite often in purchases such as the ones included with an amusement...