In tort law, the public necessity defense can be used against charges of trespass or conversion where a defendant reasonably believes interference with a plaintiff’s property is necessary to prevent an imminent emergency situation. The...
standards of tort liability
public nuisance
A public nuisance generally refers to any conduct that interferes with the rights of the public. The precise definition of public nuisance often varies by state and is embodied in civil and criminal statutes. For example:
...publicity
The right to publicity is guaranteed in the United States to protect an individual’s identity. Specifically, the right to publicity concerns the exclusive right to license one’s own identity for commercial purposes, preventing other...
punitive damages
Punitive damages, also known as exemplary damages, are the damages awarded separately from the actual damages from an event. Courts generally award punitive damages only when it is determined that the defendant has acted in a particularly...
putative
Putative means presumed, reputed, or supposed: generally accepted but not established.
Putative class actions are representative lawsuits filed by named plaintiffs on behalf of a class seeking class certification under Rule 23 of the...reasonable
Just, rational, appropriate, ordinary, or usual in the circumstances. It may refer to reasonable care, cause, compensation, doubt (in a criminal trial), and a host of other actions or activities. In the law of negligence, for example, the reasonable...
reasonable care
The level of care that a reasonable person would exercise in such circumstances. Failure to exercise reasonable care may lead to liability, if such a failure caused an injury; while exercise of reasonable care can establish that a party acted...
reasonable person
A legal standard applied to defendants in negligence cases to ascertain their liability. All members of the community owe a duty to act as a reasonable person in undertaking or avoiding actions with the risk to harm others. If an individual fails to...
reasonable reliance
Reasonable reliance is a legal concept that refers to what a prudent person would believe and act based on information provided by another party. This concept is prevalent in several areas of law, notably in cases involving the tort of fraud...
reasonable speed
Reasonable speed is the speed at which it is safe to drive an automobile considering road conditions and other circumstances, such as rain, ice, traffic, the vehicle's condition, or visibility. Reasonable speed may be less than the posted speed limit...