otázka |
odpověď |
začněte se učit
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To put an end to, to nullify or to become void.
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začněte se učit
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Shields public officials from being sued for official acts without regard to motive.
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začněte se učit
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Offences in which it is not open to a person to avoid liability on the ground that she or he acted under a reasonable mistake of fact which, if the facts had been as the accused believed them to be, would have made his act innocent.
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začněte se učit
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Intentional conduct or an abnormally dangerous condition that cannot be maintained without injury to property, no matter what precautions are taken.
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začněte se učit
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An absolute defence to an otherwise defamatory statement because of the venue or context in which the statement was made.
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začněte se učit
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Physical or nonphysical misuse or maltreatment or use or treatment so as to injure, hurt, or damage.
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začněte se učit
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The use of legal process in an improper or unauthorized manner.
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začněte se učit
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An unlooked for mishap or occurrence.
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Actio Personalis Moritur Cum Persona začněte se učit
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Latin: any right of action dies with the person.
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začněte se učit
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An event which is caused solely by the effect of nature or natural causes and without any interference by humans whatsoever.
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začněte se učit
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Professionals uniquely skilled in the application of mathematics to risk management, contingent events and opportunity.
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Actus Dei Nemini Facit Injuriam začněte se učit
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Latin: An act of God causes legal injury to no one.
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začněte se učit
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začněte se učit
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A person who has received the power to act on behalf of another, binding that other person as if he or she were themselves making the decisions.
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začněte se učit
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Damages awarded by a court to reflect the exceptional harm done to a plaintiff of a tort action.
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začněte se učit
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Latin: The catch-all phrase in trespass pleadings to refer to all such other harms and damages that may have been caused by the alleged trespasser other than those specified.
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začněte se učit
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One who follows up cases of accident and tries to induce the injured party to bring suit for damages.
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začněte se učit
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An opening through which light has flowed uninterrupted for twenty years and which can, in some circumstances, support a claim for nuisance if blocked.
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začněte se učit
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The touching of another person with an intent to harm, without that person's consent.
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začněte se učit
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An act done by a person who is not conscious of what he is doing.
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začněte se učit
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The removal of land from one real property and its deposit on the property of another, by the sudden action of nature (eg. water or volcano).
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začněte se učit
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A person who, on more than one occasion, incites litigation or spreads false rumours.
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začněte se učit
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Offensive and intentional contact, direct or indirect, which causes injury.
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začněte se učit
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Latin: the good family man.
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začněte se učit
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A test in tort law linking the tort and the damages (aka causation), which are stated as: "but for" the defendant's negligence, the plaintiff would not have been injured.
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začněte se učit
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A normally humourous and pictorial parody which by caricature, analogy or ludicrous juxtaposition sharpens the public view of a contemporary event, political or social trend.
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začněte se učit
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The real, effective cause of damage.
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Causa Proxima Et Non Remota Spectatur začněte se učit
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Latin: the immediate, not the remote cause, is to be considered.
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začněte se učit
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An intervening cause of loss which, though not direct, may nonetheless contribute to the loss.
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začněte se učit
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The cause and effect relationship between an act or omission and damages alleged in a tort or personal injury action.
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začněte se učit
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A document in civil law jurisdictions that purports to be a compendium of the applicable law as it pertains to the citizen.
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začněte se učit
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A body of law derived and evolved directly from Roman Law, the primary feature of which is that laws are struck in writing; codified, and not determined, as in the common law, by the opinions of judges based on historic customs.
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začněte se učit
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A civil law requirement to compensate another because of an unlawful injury to his/her person or property.
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začněte se učit
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When different persons combine their lawsuits into one opposed to a common defendant, because the facts are sufficiently similar.
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Commodum Ex Injuria Sua Nemo Habere Debet začněte se učit
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Latin: a wrongdoer should not be enabled by law to take any advantage from his actions.
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začněte se učit
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A feature of a group of people seeking to be certified for a class action, that there are questions of law and fact common to the prospective group (class).
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Common Interest Privilege začněte se učit
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A privilege which protects defamatory statements if made in good faith to an individual with an interest in the statement.
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začněte se učit
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Judge-declared law. Law which exists and applies to a group on the basis of customs and legal precedents developed over hundreds of years in Britain.
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začněte se učit
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A species of malice relevant to defamation proceedings, which focuses on the defendant's feelings towards the plaintiff, and which may give rise to punitive damages.
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začněte se učit
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A public nuisance; an unreasonable interference with a right common to the general public.
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začněte se učit
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An tort law analysis which considers the negligence of the victim and which may lead to a reduction of the award against the defendant, proportionate to the contribution of the victim’s negligence.
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začněte se učit
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Damages that compensate the injured victim for injuries actually endured.
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začněte se učit
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A method of payment of legal fees represented by a percentage of an award.
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začněte se učit
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That body of law which regulates the formation and enforcement of contracts.
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začněte se učit
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The right of a person who has discharged a common liability to recover proportionate share from the other(s) that were so liable.
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začněte se učit
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The negligence of a person which, while not being the primary cause of a tort, nevertheless combined with the act or omission of the primary defendant to cause the tort, and without which the tort would not have occurred.
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začněte se učit
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Force used upon those over which an individual generally has guardian responsibilities, used to remove a dependent from a particular situation or to secure compliance with instructions.
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začněte se učit
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Reckless disregard for the lives or safety of other persons.
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začněte se učit
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A legal theory, companion to the thin skull rule, which limits a tort defendant’s exposure to a plaintiff’s injuries to the plaintiff’s condition at the time of the tort.
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začněte se učit
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začněte se učit
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A cash compensation ordered by a court to offset losses or suffering caused by another’s fault or negligence.
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začněte se učit
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Latin: harm absent a wrong.
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začněte se učit
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Latin: wrongful injury to the property of another.
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začněte se učit
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Force which creates a substantial risk of causing death or serious bodily injury.
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začněte se učit
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Irreversible cessation of circulatory and respiratory functions and of all functions of the entire brain, including the brain stem.
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začněte se učit
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An intentional act or omission in the course of trade or commerce that has the tendency or capacity to mislead or create the likelihood of deception.
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začněte se učit
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An attack on the good reputation of a person, by slander or libel.
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začněte se učit
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Deliberate publication of defamatory lies which the publisher knows to be false.
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začněte se učit
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The individual, company or organization who defends a legal action taken by a plaintiff and against whom the court has been asked to order damages or specific corrective action redress some type of unlawful or improper action alleged by the plaintiff.
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začněte se učit
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Ignoring a situation known to exist.
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začněte se učit
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A civil law term which imposes liability on a person who causes injury to another, or for injury caused by a person or thing under his custody.
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začněte se učit
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A common law action similar to conversion and also involving the possession of property by the plaintiff may also ask for damages for the duration of the possession.
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začněte se učit
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An insurance contract in which the insurer agrees to pay money or to other benefits in the event that the person insured becomes disabled.
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začněte se učit
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A renunciation or refusal of rights or liability which might otherwise fall upon the person.
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začněte se učit
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Animals which are of a nature easily tamed and may be readily domesticated.
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začněte se učit
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The degree of care which a person of ordinary prudence would exercise under the same or similar circumstances.
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začněte se učit
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A legal obligation for a person to conduct himself to a certain standard failing which he could be liable for negligence if damages occur in the result.
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začněte se učit
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An obligation to conform to a certain standard of conduct for the protection of another against an unreasonable risk of harm.
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začněte se učit
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A tort-feasor or a wrongdoer takes his victim as he finds him.
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začněte se učit
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That which excuses from fault; justifies a wrong action.
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Ex Turpi Causa Non Oritur Actio začněte se učit
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Latin: Of an illegal cause there can be no lawsuit.
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začněte se učit
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A comment made which though defamatory, is not actionable as it is an opinion on a matter of public interest.
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začněte se učit
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The intentional and total confinement of a person against his will without lawful justification.
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začněte se učit
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Intentional and total imprisonment of a person against his or her will and without lawful justification.
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začněte se učit
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A breach of duty or negligence and, in some circumstances, the errors or omissions of others or of things under a person's control.
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začněte se učit
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Latin: wild in nature; usually in reference to wild animals such as monkeys or lions.
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začněte se učit
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Public safety officers have no claim for injuries suffered during the performance of their duties on the premises of a hazard, even if intentionally created.
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začněte se učit
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French for an act of God; an inevitable, unpredictable act of nature, not dependent on an act of man.
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začněte se učit
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Latin: theft or a thing stolen...
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začněte se učit
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When surgery is performed by an unauthorized substitute surgeon.
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Global Deterioration Scale začněte se učit
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A psychiatric tool charting stages of dementia.
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začněte se učit
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An action or an omission in reckless disregard of the consequences to the safety or property of another.
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začněte se učit
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Damages sought for loss of enjoyment of life.
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začněte se učit
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A principle of tort law which requires an individual to take every action at hand to avoid an accident where peril to another human being is otherwise imminent.
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začněte se učit
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An individual who lacks the ability to meet essential requirements for physical health, safety, or self-care.
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začněte se učit
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An individual who has a significant risk of personal harm based upon an inability to adequately provide for nutrition, health, housing, or physical safety.
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začněte se učit
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Contract with a third-party to perform another's obligations if called upon to do so by the third-party, whether the other has defaulted or not.
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In Jure Non Remota Causa Sed Proxima Spectatur začněte se učit
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Latin: In law the near cause is looked to, not the remote one.
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začněte se učit
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In defamation, the inferential, inherent or secondary meaning of words.
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začněte se učit
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Latin: both parties are equally at fault.
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začněte se učit
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A judicial finding that a fault has occurred but the court is unable to locate the source, to pinpoint a tort-feasor.
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Intentional Infliction of Emotional Distress začněte se učit
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The malicious and outrageous causation of severe emotional distress.
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Intentional Infliction of Nervous Shock začněte se učit
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A wilfully false statement that comes to and causes mental anguish to another.
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začněte se učit
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Torts actionable upon evidence of an intent to cause harm on another, such as assault, trespass, false imprisonment, private nuisance, defamation or invasion of privacy.
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začněte se učit
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A privacy tort; intentionally intruding upon the seclusion or private affairs or concerns of another if the intrusion would be highly offensive to a reasonable person.
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Joint and Several Liability začněte se učit
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Liability of more than one person for which each person is liable to pay back the entire amount of a debt or damages.
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začněte se učit
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A section of a 1920 American law which gave injured sailors, or their estate, the right to sue the employer if the injury or death resulted from the employer's negligence.
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začněte se učit
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Procedurals and hearings before a court, or a tribunal or administrative board that performs a judicial function
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začněte se učit
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A group of citizens randomly selected from the general population and brought together to assist justice by deciding which version, in their opinion, constitutes 'the truth' given different evidence by opposing parties.
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Jus Ex Injuria Non Oritur začněte se učit
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Latin: a legal right or entitlement cannot arise from an unlawful act or omission.
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začněte se učit
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An answer or defence to an allegation of wrongful conduct that the act or omission, though admittedly committed, was not wrongful in all the circumstances.
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začněte se učit
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An allegation that a legal right is stale under the circumstances and noi longer able to support enforcement.
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Last Clear Chance Doctrine začněte se učit
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A principle of tort law which requires an individual to take every action at hand to avoid an accident where peril to another human being is otherwise imminent.
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Learned Intermediary Doctrine začněte se učit
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A doctrine of American personal injury law which places upon a prescribing physician the primary responsibility to warn patients of the hazards of prescribed pharmaceutical products.
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začněte se učit
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začněte se učit
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Latin: the place of the wrong.
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začněte se učit
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A legal obligation, either due now or at some time in the future.
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začněte se učit
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Written form of defamation such as on the Internet, in a newspaper or a letter.
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Loss of Enjoyment of Life začněte se učit
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Damages claimed based on alleged detrimental alterations of a person's life or lifestyle or a person's inability to participate in the activities or pleasures of life that were formerly enjoyed.
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Lubricum Linquae Non Facile Trahendum Est In Poena začněte se učit
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Latin: the law tends to overlook rash or inconsiderate language spoken in the heat of the moment.
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začněte se učit
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An individual who, though once of sound mind, can no longer manage his person or his affairs.
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začněte se učit
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začněte se učit
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začněte se učit
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An intentional tort which redresses losses flowing from an unjustified prosecution.
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začněte se učit
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Latin: animals which are now generally domestic, presumed gentle and readily tamed, such as dogs, cats, cows and horses.
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začněte se učit
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Negligence of a health care professional in the diagnosis, care, and treatment of a patient.
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začněte se učit
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Facts that, while not negating a wrongful action, tend to show that the defendant may have had some grounds for acting the way he/she did.
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začněte se učit
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The obligation upon a person who sues another for damages, to minimize - mitigate - those damages, as far as reasonable.
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Necessitas Indicit Privilegium Quoad Jura Privata začněte se učit
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From necessity spring privileges upon private rights.
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začněte se učit
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A breach of a duty to take care.
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Nemo Debet Locupletari Ex Aliena Jactura začněte se učit
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Latin: no one should be enriched by another's loss.
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začněte se učit
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A recognizable psychiatric illness caused by the breach of duty.
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začněte se učit
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Latin: Not of sound mind.
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začněte se učit
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Excessive or unlawful use of one’s property to the extent of unreasonable annoyance or inconvenience to a neighbor or to the public.
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začněte se učit
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The employment and function assessment and treatment of post-injury, illness or disability.
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začněte se učit
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Liability of a person who controls land or building(s) in regards to damages caused to others who enter thereon.
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začněte se učit
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Making some false representation likely to induce a person to believe that the goods or services are those of another.
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začněte se učit
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Damage to property occurring as a result of an accident at sea.
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Per Quod Consortium Amisit začněte se učit
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Latin: whereby he loses the company of his wife.
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začněte se učit
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Injury to the natural body of a person.
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začněte se učit
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Expenses reasonably necessary to maintain health and well-being, to enjoy life's activities, and the capacity to earn money.
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začněte se učit
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When a tort has been committed on foreign soil, it cannot be brought on home soil unless it was actionable if it had of occurred on home soil, and without legal justification at the place it occurred.
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začněte se učit
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A proportionate share settlement agreement
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začněte se učit
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Dogs which exhibit appearance and physical characteristics of any of a pit bull terrier or Staffordshire, American or American Staffordshire bull terrier.
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začněte se učit
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A selection of a venue to serve as the nexus of a tort when the tort evolves from a series of events, and for the purposes of establishing liability that may flow from the alleged tort.
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začněte se učit
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The person who initiates, who brings or files a case with a court; who sues.
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začněte se učit
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Expressions which comment on government action rather than the private conduct of an individual.
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Post Traumatic Stress Disorder začněte se učit
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A mental disorder that results from an extreme traumatic stress.
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začněte se učit
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The liability of an occupier of real property towards injury to others.
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začněte se učit
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A method of acquiring or extinguishing rights through the inaction of the legal owner.
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začněte se učit
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An unreasonable interference with the use or enjoyment of land.
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začněte se učit
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The most direct, effective or substantial cause of a tort; relevant where the negligence of more than one person contributed.
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začněte se učit
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Communication of the alleged defamatory statement to a third-party.
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začněte se učit
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A principle of personal injury law; that government owes duties to the public at large rather than to individuals.
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začněte se učit
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A nuisance (tort) which interferes with public convenience or welfare.
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začněte se učit
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Special and highly exceptional damages ordered by a court against a defendant where the act or omission which caused the suit, was of a particularly heinous, malicious or highhanded nature.
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začněte se učit
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Shields public official from any litigation in regards to acts undertaken in good faith.
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začněte se učit
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A defence in defamation actions that defeats the claim when the alleged defamation issues during specified occasions.
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začněte se učit
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začněte se učit
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Civil law: a delict (wrong) caused by negligence.
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Qui Facit Per Alium Facit Per Se začněte se učit
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Latin: he who acts through another, acts himself.
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Qui Jure Suo Utitur Neminem Facit Injuriam začněte se učit
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Latin: he who exercises his legal rights harms no one.
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Qui Non Obstat Quod Obstare Potest, Facere Videtur začněte se učit
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Latin: an individual who does not prevent something which he/she could of prevented, is taken to have done that thing.
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začněte se učit
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Latin: to take away forcefully.
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začněte se učit
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An ethereal concept of conduct against which liability is weighed.
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začněte se učit
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Remedial judicial action to right a wrong or to prevent a infringement upon a legal right.
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začněte se učit
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Latin: the thing speaks for itself.
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začněte se učit
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Latin: let the principal answer.
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začněte se učit
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Latin: restitution to the original position.
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Rylands v. Fletcher, the Rule in začněte se učit
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Strict liability for landowners for damage caused by dangerous substances which escapes from their land and damages others.
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začněte se učit
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Latin: actual or guilty knowledge; knowingly.
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začněte se učit
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A person is not responsible for an act if the conduct is carried-out in self-defence of self or of another.
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začněte se učit
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A 1604 English case that established the right of a home-owner to defend his premises against intrusion ("every man's house is his castle") yields to those seeking to enter with lawful authority such as to make an arrest.
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začněte se učit
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The tort or crime of an assault of a sexual nature.
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začněte se učit
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A sexual act upon or directed to another which is unwanted and not consented to by the other.
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začněte se učit
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A sudden and disturbing impression on the mind.
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Sic Utera Tuo Ut Alienam Non Laedas začněte se učit
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Latin: use your property in such a fashion so as to not disturb others.
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začněte se učit
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Latin: without which, not.
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začněte se učit
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Verbal or spoken defamation.
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začněte se učit
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Intentionally casting aspersion on someones property including real property, a business or goods (the latter might also be called slander of goods).
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Civil law: a legal relationship where one or more of several debtors are each liable to pay the entire amount, or one or more of several creditors each able to collect the whole.
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A derogatory and possibly defamatory reference to another person suggesting that they are of substandard lineage.
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A fence built not to any beneficial purpose but, rather, to annoy a neighbor.
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A condition that does not change and is dangerous only if someone fails to see it and walks into it.
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The written laws approved by legislatures, parliaments or elected or appointed houses of assembly.
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A doctrine of personal injury law excusing a property owner for injuries occurring before the owner has had a reasonable chance to address hazards created by a storm.
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Tort liability which is set upon the defendant without need to prove intent, negligence or fault; as long as you can prove that it was the defendant's object that caused the damage.
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Substantial Awareness Test začněte se učit
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The realization by a person of the harmful nature of a crime or a tort perpetrated against him/her.
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Sudden Emergency Doctrine začněte se učit
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A principle of tort law which alleviates the standard of care in emergency circumstances.
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A scrape, bruise, discoloration, or swelling, of minimal severity.
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An intervening act or event which overwhelms a defendant's antecedent negligence and prevents him/her from being liable.
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Jurisdiction of a state or of a court of law over a legal action as it may be affected by the effects or passage of time.
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An additional exposure in tort liability towards persons who are particularly vulnerable or more fragile than the norm, who may have inherent weaknesses or a pre-existing vulnerability or condition; the tort-feasor takes his victim as he finds them; he compensates for all damages he caused, even if damages are elevated compared to a norm because the plaintiff was thin skulled.
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The body of the law which allows an injured person to obtain compensation from the person who caused the injury.
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The person(s) who has committed a tort.
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Defamatory statements made in regards to the quality of a business' product(s) or services.
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Unlawful interference with another’s person, property or rights.
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An old English and common law legal proceeding against a person who had found someone else’s property and has converted that property to their own purposes.
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Latin: For every wrong, the law provides a remedy.
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Activities that can cause injury to others, even when conducted with the greatest prudence and care.
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Liability for the tort of another even though the person being held responsible may not have done anything wrong.
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Vigilantibus Et Non Dormientibus Jura Subveniunt začněte se učit
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Latin: the law assists those that are vigilant with their rights, and not those that sleep thereupon.
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Latin: to one who is willing, no harm is done.
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An intentional relinquishment or abandonment of a known right or privilege.
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The abandonment of a right implied from a person's conduct.
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The abuse, destruction or permanent change to property by one who is merely in possession of it as in the case of a tenant or a life tenant.
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Soft tissue (nerves and muscles) damage to the neck or lower brain area, often caused by a rear-end motor vehicle collision.
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Animals that, as a matter of common knowledge, are naturally ferocious, unpredictable, dangerous, mischievous, or not by custom devoted to the service of mankind at the time and in the place in which it is kept; ferae naturae.
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A mother's claim in tort that she would not to have given birth to the child with serious genetic defects but for the defendant's negligence in testing or counselling.
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A law action which claims damages from any person who, through negligence or direct act or omission, caused the death of certain relatives (eg. spouse, children or parent).
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In the context of the tort of nuisance, the enjoyment of property rights of another.
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A child's tort claim for bringing the child to birth where the person so doing knew or ought to have known that the child would be born into a life of painful and debilitating disease.
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A tort claim alleging that the defendant's negligence has caused an unwanted pregnancy and birth.
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