standards of tort liability

continuing trespass

Continuing trespass broadly can refer to any recurring infringement of another person’s rights. While sometimes trespass is used in this broad sense, continued trespass in the modern context generally refers to trespass onto the land or...

contra proferentem

Contra proferentem is a rule of contract interpretation that states an ambiguous contract term should be construed against the drafter of the contract. The term contra proferentem is derived from a Latin phrase meaning “against the offeror...

contract of adhesion

See Adhesion contract.

contributory negligence

Contributory negligence is a common law tort rule which bars plaintiffs from recovering for the negligence of others if they too were negligent in causing the harm. Contributory negligence has been replaced in many jurisdictions with the...

conversion

Conversion is an intentional tort which occurs when a party takes the chattel property of another with the intent to deprive them of it. Conversion is not applicable to real property.

For the purposes of conversion, “intent...

count

Counts refer to the basis for bringing a case, including each cause of action in civil cases or charge in criminal cases. Lawsuits can involve multiple counts in which someone can be held liable. For example, assault and battery are separate...

course of employment

“The course of employment” generally arises when determining whether an injury caused by an accident is compensable under a workers’ compensation system. The accident must “arise out of employment” and occur “in the course of employment.”...

current asset

Current assets are assets expected to be sold or used in business operations within one year. Examples of current assets are cash, accounts receivable, stock inventory, and other liquid assets.

[Last updated in November of...

current liability

Current liabilities are financial obligations generally due within one year. Examples of current liabilities are accounts payable, short-term debt, dividends, and income tax.

See also: liability

[Last updated in...

design defect

A design defect means that the product was manufactured correctly, but the defect is inherent in the design of the product itself, which makes the product dangerous to consumers. For example, mechanical defects, which are common in cars and...

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