accidents & injuries (tort law)

Efficiency

A result that yields the largest possible net benefit. To find the most efficient decision or legal rule, a cost-benefit analysis should be done for every available option. The strength of any argument about efficiency largely boils down to the...

Eggshell Skull

Definition from Nolo’s Plain-English Law DictionaryA legal rule that a person who causes injury is at fault for all the consequences whether foreseen or not. It is derived from a situation in which a light blow to the head killed an individual, even...

Eggshell Skull Rule

Doctrine that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional tort. If the defendant commits a tort against the plaintiff without a complete defense, the defendant becomes...

Emergency Doctrine

Definition from Nolo’s Plain-English Law DictionaryA doctrine that excuses a person from having to act with reasonable care if that person acted with a sudden and urgent need for aid in an emergency.

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

Emotional Distress

Mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition. Emotional distress can usually be discerned from its symptoms (ex....

Entity Liability

The concept of entity liability allows a corporation to be held liable for the criminal misdeeds of its agents if (1) the agent is acting within the actual or apparent scope of their employment or authority and (2) if the agents intend, at...

Evaluative Fact

A fact that is plugged into a rule of law to determine if an action was reasonable or negligent.

See Negligence.

Ex Delicto

Definition from Nolo’s Plain-English Law Dictionary(ex dee-lick-toe) Latin phrase referring to something that arises out of a fault or wrong (tort), but not out of a contract.

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

Excessive Force

Excessive force refers to force in excess of what a police officer reasonably believes is necessary. A police officer may be held liable for using excessive force in an arrest, an investigatory stop, or other seizures. A police officer may also be...

Exculpatory Clause

Definition from Nolo’s Plain-English Law DictionaryA provision in a lease that absolves the landlord in advance from responsibility for all damages, injuries, or losses occurring on the property, including those caused by the landlord's actions. Most...

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