standards of tort liability

direct and proximate cause

Direct and Proximate Cause Definition:

See legal cause.

Disclaim, in a legal sense, means to give up a legal claim, obligation or right to something. Rejecting one’s claim to inheritance is an example of when one disclaims. Disclaim also means to deny responsibility for something. When used in this sense,...

dog-bite statute

A dog-bite statute is a legal provision that establishes strict liability against the owner of a dog that injures another individual or, in some states, that causes damage to property. There are approximately 36 states that have adopted dog-...

dram shop rule

A dram shop rule (dram shop law or dram shop act) is a civil liability statute that renders a dram shop liable for the harmful acts of its intoxicated customers when the establishment acts negligently in serving the intoxicated customer...

due

Due refers to some definite obligation (such as a debt, claim of right, etc.) being owed or payable. It usually means that the debt or claim is immediately enforceable, but it may also mean that it has been unpaid in the past, or will be owed...

due and owing

Due and owing means that some definite obligation (such as a debt, claim of right, etc.) is yet to be paid. It is often used in legal instruments and is synonymous with due.

due care

Due care, also referred to as ordinary care and reasonable care, is the standard of care where a reasonable person would exercise in the same situation or under similar circumstances. This standard of care is used in a tort action to...

due diligence

Care or attention to a matter that is sufficient to avoid liability, though not necessarily exhaustive. For example, the Securities Act § 11(b)(3) allows parties involved in a securities offering to escape § 11 fraud liability if they conducted due...

duty

1) Requirement to perform some conduct required by law, custom, morality, or personal commitment. This requirement often created a right in the other that the duty be performed, and a breach of such duty (ex. Fiduciary duty, duty of...

duty to mitigate

The duty to mitigate refers to a party’s obligation to make reasonable efforts to limit the harm they suffer from another party’s actions. Parties have a duty to mitigate in both torts and breaches of contracts. Failure to discharge this duty...