standards of tort liability

liability

A party is liable when they are held legally responsible for something. Unlike in criminal cases, where a defendant could be found guilty, a defendant in a civil case risks only liability.

A party can be held liable based...

liable

To be liable in a legal sense simply means to be held legally responsible or obligated. For example, a defendant in a civil torts case may be liable to pay damages to the plaintiff if the court rules in favor of the plaintiff.

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libel

Libel is a method of defamation expressed by print, writing, pictures, signs, effigies, or any communication embodied in physical form that is injurious to a person's reputation; exposes a person to public hatred, contempt or ridicule; or...

libel per se

Libel per se is a defamatory statement that is actionable in itself. To constitute libel per se, the words themselves must be damaging to the affected person. As a result, words that can reasonably be interpreted as having another meaning do...

loss of use

General

The temporary or permanent inability to use personal property, real property, or a body part due to the negligence or wrongdoings of another, an accident, or some other action.

Property

The...

malfeasance

Malfeasance is an act that is illegal and causes physical or monetary harm to someone else. Malfeasance is intentional conduct that is wrongful or unlawful, especially by officials or public employees.

In the context of tort law, “...

malice

In criminal law, malice indicates the intention, without justification or excuse, to commit an act that is unlawful. Evidence of malice is a prerequisite in some jurisdictions to prove first-degree murder. Malice is also relevant in criminal...

malpractice

Malpractice, or professional negligence, is a tort committed when a professional breaches their duty to a client. The duty of a professional to a client is generally defined as the duty to follow generally accepted professional standards. Of...

manufacturing defect

Manufacturing defects are a type of product defect that can lead to products liability. This kind of defect occurs when a product departs from its intended design and is more dangerous than consumers expect the product to be. In contrast to...

merged causes

Merged causes describes a situation where there are two causes of a single result. The term highlights an issue with the but-for causation test used in criminal law and tort law to determine actual causation. In a case where two defendants...

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