accidents & injuries (tort law)

Abandon

See Abandonment

[Last updated in December of 2021 by the Wex Definitions Team]

Abandonment

Abandonment is a term that applies to a variety of areas of law. These areas include matrimonial law, civil procedure, and property.

Matrimonial Law

In matrimonial law, abandonment is a form of marital misconduct which...

Able to Work

Definition

Capable of employment. A person who is able to work is ineligible to receive unemployment benefits on the basis of illness or injury.

Illustrative case law

See, e.g. International Union, et al. v. Johnson Controls, Inc., 499 U.S. 187 (...

Abnormally Dangerous Activity

DEFINITION

In tort law, 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 is exercised by all actors. See Restatement (Third) of Torts § 20(b) (2009). A...

Abrogate

To abrogate is to formally annul or repeal a law through an act of legislation, constitutional authority, or custom. For example, the Supreme Court of Michigan explained in Ferency v. Secretary of State that “an existing constitutional...

Act of God

At common law, an overwhelming event caused exclusively by natural forces whose effects could not possibly be prevented (e.g., flood, earthquake, tornado). In modern jurisdictions, "act of God" is often broadened by statute to include all natural...

Act of Nature

Act of nature, also known as act of God, is an event that is caused solely by the forces of nature without human intervention. Any accident that is not under human control, influence, or human involvement, and is caused purely by the direct,...

Actionable

Where there exist sufficient facts or circumstances to meet the legal requirements for a party to file a legitimate lawsuit against another party.

Actual Cause

A factor without which the result in question could not happen. The but-for test is often used to determine actual causation.

Actual Damages

Overview

In tort law, actual damages is a type of damages which refers to compensation awarded by a court in response to a loss suffered by a party.

The Supreme Court held in Birsdall v. Coolidge, 93 U.S. 64 (1876) that the phrases "compensatory...

Pages