Category: Legal Resources
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General Contract Terms
General Contract Terms in United States General Contract Terms Those clauses of a contract which are not negotiated. These clauses, often in fine print, may or may not be read and may or may not be comprehended or comprehensible. Thus courts may, at their discretion, set them aside if […]
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Foundation of liability
Foundation of liability in United States Foundation of liability The principle that a tort must first be grounded in some factual instance. This principle of German law has no exact conceptual equivalent in the theory of common law torts though of course in practice analogues and paralells […]
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Foreseebility
Foreseebility in United States Foreseebility The modern determination of a negligent tort is dependant upon the foreseeability of the tort arising from the defendants conduct. That is, whether a reasonably prudent person would be able to foresee that their conduct would result in damage to […]
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Fellow servant rule
Fellow servant rule in United States Fellow servant rule At common law an employer would not be held liable for torts injuring an employee which occurred on the premises of the work-place but which were the fault of one of his servants. Prior to the industrial revolution, where there were […]
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Fault, Contributory
Fault, Contributory in United States Fault, Contributory, See negligence contributory
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Fault, Comparative
Fault, Comparative in United States Fault, Comparative, See negligence, comparative (syn.)
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Extent of Liability
Extent of Liability in United States Extent of Liability The principle that, once a foundation of liability has been determined, that that liability must be discharged; also the methods by which that liability is discharged Extent of liability meaning In German law the court distinguishes […]
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Expectation damages
Expectation damages in United States Expectation damages Those damages which a plaintiff sustains not based on the injury but because of the loss of some future, possibly speculative, stream of income. Courts will be hostile to expectation damages because of their speculative character.
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Evaluation of evidence
Evaluation of evidence in United States Evaluation of evidence The determination of the trier of fact as to whether the movant has carried their burden of proof, i.e. whether the means of proof meet or exceed the standard of proof.
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Presentation of evidence
Presentation of evidence in United States Presentation of evidence See Presentation of evidence infra Presentation of evidence meaning The hearing before the court of the methods of proof.
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Preponderance of
Preponderance of in United States See: Proof by a preponderance of the evidence infra
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Beyond reasonable doubt
Beyond reasonable doubt in United States Beyond reasonable doubt A standard of proof in the common law. State v. Dubina, 318 A.2d 95, 97.
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Evidence, Clear and Convincing
Evidence, Clear and Convincing in United States Evidence, Clear and Convincing, See supra clear and convincing evidence
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Epedemiological proof
Epedemiological proof in United States Epedemiological proof The study of medicine and probabilities in order to determine the causation of illness and the application of these two sciences to the proof of facts in a court of law. Epedemiological proofs are most often used in cases of toxic […]
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Duty, breach
Duty, breach in United States Duty, breach Literally, to break. The term used to designate the failure to comply with one’s legal duty, for example in tort the legal duty to act non-negligently. Breach of an existing legal duty is one element of a prima facie tort (q.v.).