General intent is an actual intent to perform some act, but without a wish for the consequences that result from that act. Depending on the offense alleged, both tort plaintiffs and criminal prosecutors may need to prove that the defendant...
standards of tort liability
Good Samaritan Rule
Under the Good Samaritan Rule, if a Good Samaritan provides services for another, either gratuitously or for compensation, the Good Samaritan assumes a duty to use reasonable care. The Good Samaritan may be held liable if they are negligent...
governing law
Governing law is a contractual provision (also known as a choice of law provision) that determines which law shall apply in the event of a dispute. Such a clause is generally honored by the courts which do not interfere with the agreement...
gravamen
Gravamen refers to the essential element or main part of a legal dispute or claim. Often, lawsuits involve multiple claims and areas of dispute, but the gravamen refers to the primary issue. For example, a lawsuit for a product defect may...
gross negligence
Gross negligence is a lack of care that demonstrates reckless disregard for the safety or lives of others, which is so great it appears to be a conscious violation of other people's rights to safety. Gross negligence is a heightened degree...
guest statute
A guest statute is a law in only a few states that prevents a non-paying automobile passenger from suing the driver when the passenger is hurt as a result of the simple negligence of the driver. In general, the passenger can sue the driver...
IIED
IIED stands for intentional infliction of emotional distress.
OverviewIntentional infliction of emotional distress (IIED) is a tort that occurs when one acts in a manner that intentionally or recklessly causes another to...
immunity
Immunity refers to legal protection that exempts a person from liability, punishment, or legal action that would otherwise apply. Immunity can be granted in various contexts, including criminal and civil cases, administrative proceedings, and...
impute
Impute means to ascribe or attribute; to impute is the action of attributing a person with knowledge, liability, duty, or other various forms of responsibility. The act of imputing is indifferent to whether or not the imputee had sought or...
in pari delicto
A Latin phrase commonly used in tort and contract law which means “in equal fault.” This is doctrine states that there is a bar to a plaintiff’s recovery of damages for a wrong the plaintiff participated in and serves as an equitable defense. Courts...