USA Law

Category: Legal Resources

  • Personality rights

    Personality rights in United States Personality rights  Personality rights were not a concept of the common law: however the growth of an information society with instant production, reproduction, and dissemination of writings, images, and sounds has led to the creation of a concept of the […]

  • Ommission

    Ommission in United States Ommission  The failure to act. Just as an action can be negligent a failure to act can also be negligent if the law imposes a duty to act. See: act.

  • Occupiers' Liability

    Occupiers' Liability in United States Occupiers’ Liability  The liability of a landowner for a tort occuring on his or her property was dependant at common law  upon a distinction between trespassers, licensees, invitees and guests. Trespassers would have virtually no rights, whereas […]

  • Non-material damages

    Non-material damages in United States Non-material damages  Those injuries which may or may not have an economic value but which in all cases do not concern material things such as personal or real property.

  • Non-Pecuniary Losses

    Non-Pecuniary Losses in United States Non-Pecuniary Losses  Those injuries which have a material existence but to which no monetary value can be ascribed, e.g. antique family posessions.

  • No-fault Liability

    No-fault Liability in United States No-fault Liability  Liability without fault. Liability where there is no negligence or no need to prove negligence on the part of the tort-feasor. See: strict liability, absolute liability Non-delegable duties | Nicht delegierbare Pflichten

  • Negligent infliction of Emotional Distress

    Negligent infliction of Emotional Distress in United States Negligent infliction of emotional distress   meaning This claim, a very recent development in the common law, purports to create a claim for purely emotional losses due to the negligence of another. It is not recognized in all […]

  • Per se negligence

    Per se negligence in United States Per se negligence  Should be seen as a form of strict liability: an imputation of negligence where there is no showing of fault. Statutes sometimes impose per se negligence for certain acts or ommissions. Ironically as strict liability in commerce, i.e. […]

  • Moral injuries

    Moral injuries in United States Moral injuries  Injuries to rights other than economic rights. Thus injuries to one’s personal honour (Ehre) but also injuries to other non-material interests such as the pain and suffering arising from a tort. Such injuries give rise to at least nominal […]

  • Mere Negligence

    Mere Negligence in United States Mere Negligence  See: Negligence, Due care Minor children | Minderjährige See Children

  • Means of proof

    Means of proof in United States Means of proof  The material method used to prove a fact asserted, e.g an affidavit (d. Bestätigung; fr. attestation). See: evidence.

  • Market share liability

    Market share liability in United States Market share liability  See: proportional liability

  • Pure economic

    Pure economic in United States Pure economic  Pure economic loss has been defined as damages for inadequate value, costs of repair and replacement of the defective product or consequent loss of profits–without any claim of personal injury or damages to other property . . . . ‘ [Citations.] […]

  • Economic

    Economic in United States Economic  Economic losses are those losses objectively measurable. They certainly include all material objects, i.e. chattel and real property. Under the better view losses to abstract non-corporeal rights such as patent, one’s reputation and goodwill will also be […]

  • Licence

    Licence in United States Licence  A limited right to travel over or use the property of another. A licence may be the object of a contract or gratuitous. A gratuitous licensee may have difficulty bringing an action in tort against the licensor unless the licensor was grossly negligent in […]