Category: Legal Resources
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No Duty Doctrine
No Duty Doctrine in United States No Duty Doctrine The general rule at common law is that persons are generally not subject to legal duty. This is not the case in civil law jurisdictions. There are many exceptions to the general rule in the common law.Family relations and co-workers owe a […]
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Duty, Organisational
Duty, Organisational in United States Duty, Organisational, The liability of a corporation is the same as that of a natural person. However the corporation’s shareholders – unlike its board of director’s and employees – will only be liable for the torts of the corporation to the extent of […]
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Duty to ensure safe premises
Duty to ensure safe premises in United States Duty to ensure safe premises An owner of real property is under a duty to warn invitees of hidden dangers on his or her property.
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Due Care / Standard of Care
Due Care / Standard of Care in United States Due Care / Standard of Care The care that an ordinarily reasonable and prudent person would use under the same or similar circumstances. Proving the failure to exercise due care toward a person who one has a legal duty resulting in injury to that […]
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Division of the burden of proof
Division of the burden of proof in United States Division of the burden of proof In some cases the burden of proof of certain elements of the claim will be on one party, while other elements of the same claim will be on the other. For example, in cases of libel, the plaintiff must prove…
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Disclaimer / Waiver
Disclaimer / Waiver in United States Disclaimer / Waiver Ordinarily a tort will imply a remedy – ‘for every right there is a remedy’. However a plaintiff may have waived their right, either expressly or implicitly. Where that waiver was knowing, (i.e. appreciating the risks and dangers) […]
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Discernment
Discernment in United States Discernment Being of such an age that the law will impose ordinary legal responsibility upon the person. Having attained the age of majority and suffering from no incapacitating infirmity. See: children, capacity.
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Delict/Tort
Delict/Tort in United States Delict/Tort Latin: Torquere, To twist. French: Tort – Wrong A private, i.e. civil and not criminal, wrong or injury other than an injury resulting out of a contractual obligation, for which the law will grant a remedy. See: prima facie tort. See: tort, prima […]
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Defence, Peremptory
Defence, Peremptory in United States Defence, Peremptory, A defence which asserts that the plaintiff does not have or never had a cause of action.
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Defence, Legal
Defence, Legal in United States Defence, Legal, A defence made on a theory of law as opposed to equity.
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Defence, General
Defence, General in United States Defence, General, A general denial of the material allegations of a claim.
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Defence, Full
Defence, Full in United States Defence, Full, A defence in the common law which contests both the finding of damages, that the defendant was negligent, and the extent thereof, that if the defendant were negligent, that his damages would be not what the plaintiff claims but some other lower value.
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Defence, Equitable
Defence, Equitable in United States Defence, Equitable, A defence founded not on a theory of law but on a theory equity or on both a theory of law and of equity. See: Equity
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Defence, Dilatory
Defence, Dilatory in United States Defence, Dilatory, A defence made not on the merits but to obstruct and harrass the prosecution of the claim and which does not touch upon the substantive merits of the claim
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Defence, Affirmative
Defence, Affirmative in United States Defence, Affirmative, A defence based not on the falsehood of the accusation but rather upon some excuse or justification (q.v.) which may limit the damages in whole or in part. Common affirmative defences include assumption of risk, incapacity, self […]