An abnormally dangerous activity is related to tort law. The Restatement of Torts defines it as an activity that (1) is not of common usage, and (2) creates a foreseeable and highly significant risk of physical harm even when reasonable care...
tort law
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In tort law, actual damages, also known as compensatory damages, are damages awarded by a court equivalent to the loss a party suffered. If a party’s right was technically violated but they suffered no harm or losses, a court may instead...
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Appropriation occurs when a defendant uses a plaintiff’s name, likeness, or image without their permission for commercial purposes. Appropriation is one of several torts falling under the category of invasion of privacy. When a defendant uses...
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Assault is generally defined as an intentional act that puts another person in reasonable apprehension of imminent harmful or offensive contact. No physical injury is required, but the actor must have intended to cause a harmful or offensive...
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Assault and battery is a modern legal term which combines assault with the separate charge of battery. Assault refers to the wrong act of causing someone to reasonably fear imminent harm. This means that the fear must be something a...
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Tort Law
Battery is an intentional tort. When a person intentionally causes harmful or offensive contact with another person, the act is battery. However, if the plaintiff expressly consented to such an act or gave implied consent by...
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This case turns on the Supreme Court's interpretation of the word “unavoidable” as it is used in 42 U.S.C. § 300aa-22(b)(1) of the National Childhood Vaccine Injury Act (“NCVIA”). See Bruesewitz v. Wyeth Inc., 561 F.3d 233, 245 (3d Cir. 2009). The...
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The but-for test is a test commonly used in both tort law and criminal law to determine actual causation. The test asks, "but for the existence of X, would Y have occurred?"
In tort law, but-for causation is a prerequisite...
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Coming to the nuisance refers to a legal doctrine which prevents a party from claiming nuisance if said nuisance was present, and the party knew of that nuisance before they acquired the property subject to the nuisance.
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A commercial tort claim is a type of tort claim where the claimant is an organization or an individual and the claim comes in the course of the business or profession of the claimant and does not include damages arising out of personal injury...