Civil liability is a legal obligation that requires a party to pay for damages or to follow other court-enforcements in a lawsuit. Different from criminal liability, which is often brought by the State to redress a public wrong, civil...
standards of tort liability
coming to the nuisance
Coming to the nuisance refers to a legal doctrine which prevents a party from claiming nuisance if said nuisance was present, and the party knew of that nuisance before they acquired the property subject to the nuisance.
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commercial tort claim
A commercial tort claim is a type of tort claim where the claimant is an organization or an individual and the claim comes in the course of the business or profession of the claimant and does not include damages arising out of personal injury...
common carrier
A common carrier is a person or a commercial enterprise that transports passengers or goods for a fee and establishes that their service is open to the general public. Typical examples of common carriers include, a shipowner, railroad,...
comparative negligence
Comparative negligence is a tort principle used by the court to reduce the amount of damages that a plaintiff can recover in a negligence-based claim according to the degree of negligence each party contributed to the incident. Specifically,...
compensatory damages
In tort law, compensatory damages, also known as actual damages, are damages awarded by a court equivalent to the loss a party suffered. If a party’s right was technically violated but they suffered no harm or losses, a court may instead...
consequential damages
Consequential damages, also called special damages) are a form of remedy that can be claimed by the plaintiff against the defendant for the harm done as a consequence of the defendant's actions. The consequential damages do not necessarily...
constitutional tort
A constitutional tort is a violation of one’s constitutional rights by a government employee. The alleged constitutional violation creates a cause of action that is distinct from any otherwise available state tort remedy. “Constitutional tort...
consumer expectations test
A consumer expectations test is a standard used for determining if a design defect exists in a products liability tort case. The consumer expectation test imposes a liability on the seller of a product if the product is in a defective...
contingent fee
A contingent fee, also known as a contingency fee, is a method of compensation for legal services. A lawyer who works on contingency receives a percentage of their client’s monetary award as compensation rather than billing a fixed hourly...