An exculpatory clause is part of a contract that prevents one party from holding the other party liable for damages related to the contract. Exculpatory clauses are used quite often in purchases such as the ones included with an amusement...
standards of tort liability
exemplary damages
Overview
Exemplary damages, better known as punitive damages, refer to extra damages awarded beyond that actually incurred by the plaintiff. Punitive damages are considered punishment or damages intended to dissuade and are typically awarded...
extenuating circumstances
Extenuating circumstances–also called mitigating factors–are facts or details that are important for fully understanding a situation. With this understanding, the actions a person took in that event might be viewed as less severe, or that...
factor
A factor is a cause or reason that contributes to a result.
A factor is also an agent hired to sell property on behalf of its owner.
The factor is given control and possession of the property from the start of the sale period until either the...
false imprisonment
Overview
A person commits false imprisonment when they engage in the act of restraint on another person which confines that person in a restricted area. False imprisonment is an act punishable under criminal law as well as under tort law....
false light
False light is one of several torts under the category of invasion of privacy where a defendant is accused of spreading falsehoods about a plaintiff that would be considered objectionable by the average person. The tort typically requires...
family purpose doctrine
The family purpose doctrine holds a vehicle owner liable for damages caused by their family members when they use their vehicle. The owner does not have to give permission; the doctrine holds that the owner should have control over their...
Federal Tort Claims Act
The Federal Tort Claims Act, also known as the FTCA, is a federal statute which authorizes private tort actions against the United States where, if the United States were a private person, it would be liable to the claimant according to the...
ferae naturae
Ferae naturae is a Latin term meaning nature [wild] animals which refers to any animals that are not designated domesticated animals by law. Ferae naturae are generally considered the property of no one, however, a person can obtain a...
feres doctrine
Feres doctrine is a legal doctrine that prevents members of the armed forces who are injured while on active duty from successfully suing the federal government under the Federal Tort Claims Act (FTCA). The doctrine was articulated by the U.S...