standards of tort liability

foreseeability

Foreseeability asks how likely it was that a person could have anticipated the potential or actual results of their actions. This is a question in contract and tort law. The standard that courts use is that of “reasonability.” In contract law...

foreseeable risk

A foreseeable risk is when a reasonable person in a given situation should know that specific harm might occur as a result of their actions. For example, if a person buys fireworks, then handles them incorrectly, and burns their finger, this...

fraudulent conveyance

A fraudulent conveyance is the transfer (conveyance) of title to real property for the express purpose of putting it beyond the reach of a known creditor. In such a case, the creditor may bring a lawsuit to void the transfer.

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fraudulent misrepresentation

Fraudulent misrepresentation is a tort claim, typically arising in the field of contract law, that occurs when a defendant makes a intentional or reckless misrepresentation of fact or opinion with the intention to coerce a party into action...

Fraudulent Transfer Act

Fraudulent transfer act refers to laws enacted by states that establish the rights of creditors against debtors where it appears the debtor fraudulently transferred property to avoid paying creditors. Almost every state has enacted the Uniform...

frolic and detour

Frolic and Detour is a phrase describing actions taken by an employee that fall in varying degrees outside of the scope of employment. Generally, a “detour” constitutes a minor departure from an employee’s duties but is still considered...

front pay

Front pay is money awarded for lost compensation that usually occurs in employment discrimination or anti-retaliation cases. It is measured from the date of the trial onward until the court comes to a decision. The ultimate objective is to...

FTCA

The Federal Tort Claims Act of 1946 (FTCA) is a monumental bill that enabled the Federal government to be sued for tortious activities of its employees within the scope of their employment. Prior to this legislation, sovereign immunity...

general damages

General damages refers to harm which arises directly and inevitably from a breach of contract or tort. In other words, those damages that would be theoretically suffered by every injured party under these circumstances.

For...

general denial

According to Federal Rule of Civil Procedure 8(b)(3), a party will answer with a general denial when they intend “in good faith to deny all the allegations of a pleading.” The party will not specifically deny any allegation....

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