standards of tort liability

misfeasance

In a legal context, “misfeasance” refers to the improper performance of a lawful act, resulting in harm or injury to another person or entity. It is a term primarily used in tort law, which deals with civil wrongs and the compensation for...

necessity defense

A necessity defense is a defense to liability for unlawful activity where the conduct cannot be avoided and one is justified in the particular conduct because it will prevent the occurrence of a harm that is more serious.

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negligence

Negligence is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. Either a person’s actions or omissions of actions can be found negligent. The omission of actions is...

negligence per se

Negligence per se means negligence in itself. In a tort case, a defendant who violates a statute or regulation without an excuse is automatically considered to have breached their duty of care and is therefore negligent as a matter of law. As a result...

negligent

Negligent is a legal term used to describe behavior that fails to meet the level of care that a reasonable person would have exercised under the same circumstances. Either a person’s actions or omissions of actions can be found negligent. The...

negligent infliction of emotional distress

Negligent infliction of emotional distress (NEID) is a tort, defined as emotional distress caused by negligent action. States differ greatly as to when they allow a cause of action for NEID and exactly how damages are calculated, unlike...

negligent tort

A negligent tort refers to a legal claim or lawsuit brought against an individual or entity for causing harm or injury to another person due to their negligent behavior (See negligence). Negligence is a legal concept that arises when a person...

NIED

NIED is an abbreviation for negligent infliction of emotional distress.

Negligent infliction of emotional distress (NEID) is a tort, defined as emotional distress caused by negligent action. States differ greatly as to when...

nonfeasance

The omission to perform a required duty or the failure to act when a duty to act existed. Nonfeasance can more loosely be defined as “not doing something which you ought to do.” The term “nonfeasance” commonly appears in the areas...

nuisance

Nuisance refers to actions by someone or something within their control that interfere with rights of either the public or private citizens outside of their property. This can be in many forms such as creating loud noises or letting water run...

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