accidents & injuries (tort law)

Course of Employment

For an injury caused by an accident to be compensable under a workers’ compensation system, the accident must “arise out of employment” and occur “in the course of employment.”

“In the course of employment” refers to the time, place, and...

Damages

Definition

In civil cases, a remedy in the form of monetary compensation to the harmed party.

Damages: An Overview

Damages refers to the sum of money the law imposes for a breach of some duty or violation of some right. Generally,...

Debtor and Creditor

debtor and creditor: an overview

Debtor-creditor law governs situations where one party is unable to pay a monetary debt to another. There are three types of creditors. First are those who have a lien against a particular piece of property. This...

Defamation

Overview

Defamation is a statement that injures a third party's reputation. The tort of defamation includes both libel (written statements) and slander (spoken statements).

Elements

To prove prima facie defamation, a plaintiff must show four...

Defect

Definition from Nolo’s Plain-English Law DictionaryAn imperfection in a product, machinery, process, or written document that makes the item unusable or harmful, such as faulty brakes in a car, or invalid, such as a deed signed by someone who does not...

Defective

Definition from Nolo’s Plain-English Law DictionaryIncapable of fulfilling its function, due to an error or flaw.

Definition provided by Nolo’s Plain-English Law Dictionary.

Defense of Property

Affirmative defense to liability for an alleged crime that one used force in order to protect one's property.

Design Defect

In the law of products liability, a design defect exists when a defect is inherent in the design of the product itself. In a products liability case, a plaintiff can only establish a design defect exists when he proves there is hypothetical alternative...

Detinue

An action for the wrongful detention of goods.

Direct and Proximate Cause

Definition from Nolo’s Plain-English Law DictionaryThe immediate reason that something happened that caused harm to another person. The words are often used together, as in "The defendant's negligent act in running the red light was the direct and...

Pages