standards of tort liability

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...

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.

adhesion contract

A standard-form contract drafted by one party and signed by another in a weaker position. The signing party is typically a consumer with little commercial leverage, and must either reject the deal or accept it with little chance to influence the terms...

Alien Tort Statute

The Alien Tort Statute ("ATS"; also known as the Alien Tort Claims Act) refers to 28 U.S.C. § 1350, granting jurisdiction to federal district courts "of all causes where an alien sues for a tort only in violation of the law of nation or of a treaty of...

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