Domanda |
Risposta |
inizia ad imparare
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To put an end to, to nullify or to become void.
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inizia ad imparare
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Shields public officials from being sued for official acts without regard to motive.
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inizia ad imparare
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Offences in which it is not open to a person to avoid liability on the ground that she or he acted under a reasonable mistake of fact which, if the facts had been as the accused believed them to be, would have made his act innocent.
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inizia ad imparare
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Intentional conduct or an abnormally dangerous condition that cannot be maintained without injury to property, no matter what precautions are taken.
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inizia ad imparare
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An absolute defence to an otherwise defamatory statement because of the venue or context in which the statement was made.
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inizia ad imparare
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Physical or nonphysical misuse or maltreatment or use or treatment so as to injure, hurt, or damage.
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inizia ad imparare
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The use of legal process in an improper or unauthorized manner.
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inizia ad imparare
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An unlooked for mishap or occurrence.
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Actio Personalis Moritur Cum Persona inizia ad imparare
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Latin: any right of action dies with the person.
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inizia ad imparare
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An event which is caused solely by the effect of nature or natural causes and without any interference by humans whatsoever.
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inizia ad imparare
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Professionals uniquely skilled in the application of mathematics to risk management, contingent events and opportunity.
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Actus Dei Nemini Facit Injuriam inizia ad imparare
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Latin: An act of God causes legal injury to no one.
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inizia ad imparare
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inizia ad imparare
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A person who has received the power to act on behalf of another, binding that other person as if he or she were themselves making the decisions.
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inizia ad imparare
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Damages awarded by a court to reflect the exceptional harm done to a plaintiff of a tort action.
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inizia ad imparare
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Latin: The catch-all phrase in trespass pleadings to refer to all such other harms and damages that may have been caused by the alleged trespasser other than those specified.
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inizia ad imparare
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One who follows up cases of accident and tries to induce the injured party to bring suit for damages.
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inizia ad imparare
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An opening through which light has flowed uninterrupted for twenty years and which can, in some circumstances, support a claim for nuisance if blocked.
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inizia ad imparare
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The touching of another person with an intent to harm, without that person's consent.
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inizia ad imparare
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An act done by a person who is not conscious of what he is doing.
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inizia ad imparare
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The removal of land from one real property and its deposit on the property of another, by the sudden action of nature (eg. water or volcano).
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inizia ad imparare
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A person who, on more than one occasion, incites litigation or spreads false rumours.
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inizia ad imparare
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Offensive and intentional contact, direct or indirect, which causes injury.
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inizia ad imparare
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Latin: the good family man.
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inizia ad imparare
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A test in tort law linking the tort and the damages (aka causation), which are stated as: "but for" the defendant's negligence, the plaintiff would not have been injured.
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inizia ad imparare
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A normally humourous and pictorial parody which by caricature, analogy or ludicrous juxtaposition sharpens the public view of a contemporary event, political or social trend.
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inizia ad imparare
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The real, effective cause of damage.
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Causa Proxima Et Non Remota Spectatur inizia ad imparare
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Latin: the immediate, not the remote cause, is to be considered.
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inizia ad imparare
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An intervening cause of loss which, though not direct, may nonetheless contribute to the loss.
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inizia ad imparare
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The cause and effect relationship between an act or omission and damages alleged in a tort or personal injury action.
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inizia ad imparare
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A document in civil law jurisdictions that purports to be a compendium of the applicable law as it pertains to the citizen.
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inizia ad imparare
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A body of law derived and evolved directly from Roman Law, the primary feature of which is that laws are struck in writing; codified, and not determined, as in the common law, by the opinions of judges based on historic customs.
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inizia ad imparare
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A civil law requirement to compensate another because of an unlawful injury to his/her person or property.
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inizia ad imparare
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When different persons combine their lawsuits into one opposed to a common defendant, because the facts are sufficiently similar.
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Commodum Ex Injuria Sua Nemo Habere Debet inizia ad imparare
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Latin: a wrongdoer should not be enabled by law to take any advantage from his actions.
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inizia ad imparare
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A feature of a group of people seeking to be certified for a class action, that there are questions of law and fact common to the prospective group (class).
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Common Interest Privilege inizia ad imparare
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A privilege which protects defamatory statements if made in good faith to an individual with an interest in the statement.
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inizia ad imparare
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Judge-declared law. Law which exists and applies to a group on the basis of customs and legal precedents developed over hundreds of years in Britain.
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inizia ad imparare
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A species of malice relevant to defamation proceedings, which focuses on the defendant's feelings towards the plaintiff, and which may give rise to punitive damages.
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inizia ad imparare
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A public nuisance; an unreasonable interference with a right common to the general public.
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inizia ad imparare
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An tort law analysis which considers the negligence of the victim and which may lead to a reduction of the award against the defendant, proportionate to the contribution of the victim’s negligence.
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inizia ad imparare
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Damages that compensate the injured victim for injuries actually endured.
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inizia ad imparare
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A method of payment of legal fees represented by a percentage of an award.
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inizia ad imparare
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That body of law which regulates the formation and enforcement of contracts.
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inizia ad imparare
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The right of a person who has discharged a common liability to recover proportionate share from the other(s) that were so liable.
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inizia ad imparare
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The negligence of a person which, while not being the primary cause of a tort, nevertheless combined with the act or omission of the primary defendant to cause the tort, and without which the tort would not have occurred.
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inizia ad imparare
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Force used upon those over which an individual generally has guardian responsibilities, used to remove a dependent from a particular situation or to secure compliance with instructions.
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inizia ad imparare
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Reckless disregard for the lives or safety of other persons.
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inizia ad imparare
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A legal theory, companion to the thin skull rule, which limits a tort defendant’s exposure to a plaintiff’s injuries to the plaintiff’s condition at the time of the tort.
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inizia ad imparare
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inizia ad imparare
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A cash compensation ordered by a court to offset losses or suffering caused by another’s fault or negligence.
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inizia ad imparare
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Latin: harm absent a wrong.
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inizia ad imparare
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Latin: wrongful injury to the property of another.
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inizia ad imparare
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Force which creates a substantial risk of causing death or serious bodily injury.
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inizia ad imparare
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Irreversible cessation of circulatory and respiratory functions and of all functions of the entire brain, including the brain stem.
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inizia ad imparare
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An intentional act or omission in the course of trade or commerce that has the tendency or capacity to mislead or create the likelihood of deception.
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inizia ad imparare
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An attack on the good reputation of a person, by slander or libel.
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inizia ad imparare
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Deliberate publication of defamatory lies which the publisher knows to be false.
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inizia ad imparare
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The individual, company or organization who defends a legal action taken by a plaintiff and against whom the court has been asked to order damages or specific corrective action redress some type of unlawful or improper action alleged by the plaintiff.
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inizia ad imparare
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Ignoring a situation known to exist.
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inizia ad imparare
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A civil law term which imposes liability on a person who causes injury to another, or for injury caused by a person or thing under his custody.
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inizia ad imparare
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A common law action similar to conversion and also involving the possession of property by the plaintiff may also ask for damages for the duration of the possession.
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inizia ad imparare
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An insurance contract in which the insurer agrees to pay money or to other benefits in the event that the person insured becomes disabled.
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inizia ad imparare
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A renunciation or refusal of rights or liability which might otherwise fall upon the person.
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inizia ad imparare
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Animals which are of a nature easily tamed and may be readily domesticated.
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inizia ad imparare
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The degree of care which a person of ordinary prudence would exercise under the same or similar circumstances.
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inizia ad imparare
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A legal obligation for a person to conduct himself to a certain standard failing which he could be liable for negligence if damages occur in the result.
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inizia ad imparare
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An obligation to conform to a certain standard of conduct for the protection of another against an unreasonable risk of harm.
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inizia ad imparare
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A tort-feasor or a wrongdoer takes his victim as he finds him.
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inizia ad imparare
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That which excuses from fault; justifies a wrong action.
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Ex Turpi Causa Non Oritur Actio inizia ad imparare
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Latin: Of an illegal cause there can be no lawsuit.
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inizia ad imparare
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A comment made which though defamatory, is not actionable as it is an opinion on a matter of public interest.
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inizia ad imparare
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The intentional and total confinement of a person against his will without lawful justification.
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inizia ad imparare
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Intentional and total imprisonment of a person against his or her will and without lawful justification.
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inizia ad imparare
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A breach of duty or negligence and, in some circumstances, the errors or omissions of others or of things under a person's control.
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inizia ad imparare
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Latin: wild in nature; usually in reference to wild animals such as monkeys or lions.
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inizia ad imparare
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Public safety officers have no claim for injuries suffered during the performance of their duties on the premises of a hazard, even if intentionally created.
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inizia ad imparare
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French for an act of God; an inevitable, unpredictable act of nature, not dependent on an act of man.
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inizia ad imparare
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Latin: theft or a thing stolen...
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inizia ad imparare
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When surgery is performed by an unauthorized substitute surgeon.
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Global Deterioration Scale inizia ad imparare
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A psychiatric tool charting stages of dementia.
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inizia ad imparare
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An action or an omission in reckless disregard of the consequences to the safety or property of another.
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inizia ad imparare
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Damages sought for loss of enjoyment of life.
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inizia ad imparare
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A principle of tort law which requires an individual to take every action at hand to avoid an accident where peril to another human being is otherwise imminent.
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inizia ad imparare
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An individual who lacks the ability to meet essential requirements for physical health, safety, or self-care.
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inizia ad imparare
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An individual who has a significant risk of personal harm based upon an inability to adequately provide for nutrition, health, housing, or physical safety.
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inizia ad imparare
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Contract with a third-party to perform another's obligations if called upon to do so by the third-party, whether the other has defaulted or not.
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In Jure Non Remota Causa Sed Proxima Spectatur inizia ad imparare
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Latin: In law the near cause is looked to, not the remote one.
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inizia ad imparare
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In defamation, the inferential, inherent or secondary meaning of words.
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inizia ad imparare
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Latin: both parties are equally at fault.
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inizia ad imparare
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A judicial finding that a fault has occurred but the court is unable to locate the source, to pinpoint a tort-feasor.
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Intentional Infliction of Emotional Distress inizia ad imparare
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The malicious and outrageous causation of severe emotional distress.
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Intentional Infliction of Nervous Shock inizia ad imparare
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A wilfully false statement that comes to and causes mental anguish to another.
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inizia ad imparare
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Torts actionable upon evidence of an intent to cause harm on another, such as assault, trespass, false imprisonment, private nuisance, defamation or invasion of privacy.
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inizia ad imparare
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A privacy tort; intentionally intruding upon the seclusion or private affairs or concerns of another if the intrusion would be highly offensive to a reasonable person.
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Joint and Several Liability inizia ad imparare
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Liability of more than one person for which each person is liable to pay back the entire amount of a debt or damages.
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inizia ad imparare
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A section of a 1920 American law which gave injured sailors, or their estate, the right to sue the employer if the injury or death resulted from the employer's negligence.
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inizia ad imparare
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Procedurals and hearings before a court, or a tribunal or administrative board that performs a judicial function
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inizia ad imparare
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A group of citizens randomly selected from the general population and brought together to assist justice by deciding which version, in their opinion, constitutes 'the truth' given different evidence by opposing parties.
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Jus Ex Injuria Non Oritur inizia ad imparare
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Latin: a legal right or entitlement cannot arise from an unlawful act or omission.
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inizia ad imparare
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An answer or defence to an allegation of wrongful conduct that the act or omission, though admittedly committed, was not wrongful in all the circumstances.
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inizia ad imparare
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An allegation that a legal right is stale under the circumstances and noi longer able to support enforcement.
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Last Clear Chance Doctrine inizia ad imparare
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A principle of tort law which requires an individual to take every action at hand to avoid an accident where peril to another human being is otherwise imminent.
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Learned Intermediary Doctrine inizia ad imparare
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A doctrine of American personal injury law which places upon a prescribing physician the primary responsibility to warn patients of the hazards of prescribed pharmaceutical products.
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inizia ad imparare
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inizia ad imparare
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Latin: the place of the wrong.
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inizia ad imparare
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A legal obligation, either due now or at some time in the future.
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inizia ad imparare
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Written form of defamation such as on the Internet, in a newspaper or a letter.
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Loss of Enjoyment of Life inizia ad imparare
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Damages claimed based on alleged detrimental alterations of a person's life or lifestyle or a person's inability to participate in the activities or pleasures of life that were formerly enjoyed.
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Lubricum Linquae Non Facile Trahendum Est In Poena inizia ad imparare
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Latin: the law tends to overlook rash or inconsiderate language spoken in the heat of the moment.
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inizia ad imparare
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An individual who, though once of sound mind, can no longer manage his person or his affairs.
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inizia ad imparare
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inizia ad imparare
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inizia ad imparare
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An intentional tort which redresses losses flowing from an unjustified prosecution.
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inizia ad imparare
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Latin: animals which are now generally domestic, presumed gentle and readily tamed, such as dogs, cats, cows and horses.
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inizia ad imparare
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Negligence of a health care professional in the diagnosis, care, and treatment of a patient.
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inizia ad imparare
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Facts that, while not negating a wrongful action, tend to show that the defendant may have had some grounds for acting the way he/she did.
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inizia ad imparare
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The obligation upon a person who sues another for damages, to minimize - mitigate - those damages, as far as reasonable.
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Necessitas Indicit Privilegium Quoad Jura Privata inizia ad imparare
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From necessity spring privileges upon private rights.
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inizia ad imparare
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A breach of a duty to take care.
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Nemo Debet Locupletari Ex Aliena Jactura inizia ad imparare
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Latin: no one should be enriched by another's loss.
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inizia ad imparare
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A recognizable psychiatric illness caused by the breach of duty.
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inizia ad imparare
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Latin: Not of sound mind.
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inizia ad imparare
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Excessive or unlawful use of one’s property to the extent of unreasonable annoyance or inconvenience to a neighbor or to the public.
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inizia ad imparare
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The employment and function assessment and treatment of post-injury, illness or disability.
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inizia ad imparare
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Liability of a person who controls land or building(s) in regards to damages caused to others who enter thereon.
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inizia ad imparare
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Making some false representation likely to induce a person to believe that the goods or services are those of another.
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inizia ad imparare
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Damage to property occurring as a result of an accident at sea.
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Per Quod Consortium Amisit inizia ad imparare
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Latin: whereby he loses the company of his wife.
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inizia ad imparare
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Injury to the natural body of a person.
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inizia ad imparare
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Expenses reasonably necessary to maintain health and well-being, to enjoy life's activities, and the capacity to earn money.
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inizia ad imparare
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When a tort has been committed on foreign soil, it cannot be brought on home soil unless it was actionable if it had of occurred on home soil, and without legal justification at the place it occurred.
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inizia ad imparare
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A proportionate share settlement agreement
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inizia ad imparare
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Dogs which exhibit appearance and physical characteristics of any of a pit bull terrier or Staffordshire, American or American Staffordshire bull terrier.
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inizia ad imparare
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A selection of a venue to serve as the nexus of a tort when the tort evolves from a series of events, and for the purposes of establishing liability that may flow from the alleged tort.
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inizia ad imparare
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The person who initiates, who brings or files a case with a court; who sues.
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inizia ad imparare
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Expressions which comment on government action rather than the private conduct of an individual.
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Post Traumatic Stress Disorder inizia ad imparare
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A mental disorder that results from an extreme traumatic stress.
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inizia ad imparare
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The liability of an occupier of real property towards injury to others.
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inizia ad imparare
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A method of acquiring or extinguishing rights through the inaction of the legal owner.
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inizia ad imparare
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An unreasonable interference with the use or enjoyment of land.
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inizia ad imparare
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The most direct, effective or substantial cause of a tort; relevant where the negligence of more than one person contributed.
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inizia ad imparare
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Communication of the alleged defamatory statement to a third-party.
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inizia ad imparare
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A principle of personal injury law; that government owes duties to the public at large rather than to individuals.
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inizia ad imparare
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A nuisance (tort) which interferes with public convenience or welfare.
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inizia ad imparare
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Special and highly exceptional damages ordered by a court against a defendant where the act or omission which caused the suit, was of a particularly heinous, malicious or highhanded nature.
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inizia ad imparare
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Shields public official from any litigation in regards to acts undertaken in good faith.
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inizia ad imparare
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A defence in defamation actions that defeats the claim when the alleged defamation issues during specified occasions.
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inizia ad imparare
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inizia ad imparare
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Civil law: a delict (wrong) caused by negligence.
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Qui Facit Per Alium Facit Per Se inizia ad imparare
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Latin: he who acts through another, acts himself.
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Qui Jure Suo Utitur Neminem Facit Injuriam inizia ad imparare
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Latin: he who exercises his legal rights harms no one.
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Qui Non Obstat Quod Obstare Potest, Facere Videtur inizia ad imparare
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Latin: an individual who does not prevent something which he/she could of prevented, is taken to have done that thing.
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inizia ad imparare
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Latin: to take away forcefully.
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inizia ad imparare
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An ethereal concept of conduct against which liability is weighed.
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inizia ad imparare
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Remedial judicial action to right a wrong or to prevent a infringement upon a legal right.
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inizia ad imparare
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Latin: the thing speaks for itself.
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inizia ad imparare
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Latin: let the principal answer.
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inizia ad imparare
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Latin: restitution to the original position.
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Rylands v. Fletcher, the Rule in inizia ad imparare
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Strict liability for landowners for damage caused by dangerous substances which escapes from their land and damages others.
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inizia ad imparare
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Latin: actual or guilty knowledge; knowingly.
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inizia ad imparare
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A person is not responsible for an act if the conduct is carried-out in self-defence of self or of another.
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inizia ad imparare
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A 1604 English case that established the right of a home-owner to defend his premises against intrusion ("every man's house is his castle") yields to those seeking to enter with lawful authority such as to make an arrest.
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inizia ad imparare
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The tort or crime of an assault of a sexual nature.
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inizia ad imparare
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A sexual act upon or directed to another which is unwanted and not consented to by the other.
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inizia ad imparare
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A sudden and disturbing impression on the mind.
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Sic Utera Tuo Ut Alienam Non Laedas inizia ad imparare
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Latin: use your property in such a fashion so as to not disturb others.
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inizia ad imparare
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Latin: without which, not.
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inizia ad imparare
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Verbal or spoken defamation.
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inizia ad imparare
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Intentionally casting aspersion on someones property including real property, a business or goods (the latter might also be called slander of goods).
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inizia ad imparare
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Civil law: a legal relationship where one or more of several debtors are each liable to pay the entire amount, or one or more of several creditors each able to collect the whole.
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inizia ad imparare
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A derogatory and possibly defamatory reference to another person suggesting that they are of substandard lineage.
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inizia ad imparare
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A fence built not to any beneficial purpose but, rather, to annoy a neighbor.
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A condition that does not change and is dangerous only if someone fails to see it and walks into it.
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The written laws approved by legislatures, parliaments or elected or appointed houses of assembly.
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A doctrine of personal injury law excusing a property owner for injuries occurring before the owner has had a reasonable chance to address hazards created by a storm.
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Tort liability which is set upon the defendant without need to prove intent, negligence or fault; as long as you can prove that it was the defendant's object that caused the damage.
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Substantial Awareness Test inizia ad imparare
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The realization by a person of the harmful nature of a crime or a tort perpetrated against him/her.
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Sudden Emergency Doctrine inizia ad imparare
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A principle of tort law which alleviates the standard of care in emergency circumstances.
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A scrape, bruise, discoloration, or swelling, of minimal severity.
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An intervening act or event which overwhelms a defendant's antecedent negligence and prevents him/her from being liable.
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Jurisdiction of a state or of a court of law over a legal action as it may be affected by the effects or passage of time.
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An additional exposure in tort liability towards persons who are particularly vulnerable or more fragile than the norm, who may have inherent weaknesses or a pre-existing vulnerability or condition; the tort-feasor takes his victim as he finds them; he compensates for all damages he caused, even if damages are elevated compared to a norm because the plaintiff was thin skulled.
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The body of the law which allows an injured person to obtain compensation from the person who caused the injury.
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The person(s) who has committed a tort.
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Defamatory statements made in regards to the quality of a business' product(s) or services.
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Unlawful interference with another’s person, property or rights.
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An old English and common law legal proceeding against a person who had found someone else’s property and has converted that property to their own purposes.
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Latin: For every wrong, the law provides a remedy.
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Activities that can cause injury to others, even when conducted with the greatest prudence and care.
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Liability for the tort of another even though the person being held responsible may not have done anything wrong.
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Vigilantibus Et Non Dormientibus Jura Subveniunt inizia ad imparare
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Latin: the law assists those that are vigilant with their rights, and not those that sleep thereupon.
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Latin: to one who is willing, no harm is done.
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An intentional relinquishment or abandonment of a known right or privilege.
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The abandonment of a right implied from a person's conduct.
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The abuse, destruction or permanent change to property by one who is merely in possession of it as in the case of a tenant or a life tenant.
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Soft tissue (nerves and muscles) damage to the neck or lower brain area, often caused by a rear-end motor vehicle collision.
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Animals that, as a matter of common knowledge, are naturally ferocious, unpredictable, dangerous, mischievous, or not by custom devoted to the service of mankind at the time and in the place in which it is kept; ferae naturae.
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A mother's claim in tort that she would not to have given birth to the child with serious genetic defects but for the defendant's negligence in testing or counselling.
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A law action which claims damages from any person who, through negligence or direct act or omission, caused the death of certain relatives (eg. spouse, children or parent).
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In the context of the tort of nuisance, the enjoyment of property rights of another.
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A child's tort claim for bringing the child to birth where the person so doing knew or ought to have known that the child would be born into a life of painful and debilitating disease.
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A tort claim alleging that the defendant's negligence has caused an unwanted pregnancy and birth.
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