standards of tort liability

business judgment rule

The business judgment rule provides a director of a corporation immunity from liability when a plaintiff sues on grounds that the director violated the duty of care to the corporation so long as the director’s actions fall within the...

but-for cause

But-for cause, sometimes used interchangeably with actual cause, is a necessary element for both liability in civil cases and a guilty verdict under much of criminal law.

In civil cases, but-for cause combines with proximate cause to...

but-for test

The but-for test is a test commonly used in both tort law and criminal law to determine actual causation. The test asks, "but for the existence of X, would Y have occurred?"

In tort law, but-for causation is a prerequisite...

calumny

Calumny is technically the act of a person falsely accusing another person of a crime. However, the common definition of calumny means the act of maliciously (i.e. with the intent to do harm) misrepresenting someone’s conduct to harm that...

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...

carrier

Carrier is anyone that transports people or property for hire by any means of conveyance (land, water, air or pipeline). There are two types of carriers: common carriers and private carriers.

Common carriers offer...

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...

Pages