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Tort Reform - Law Dictionary Search Results

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sudden emergency doctrine

sudden emergency doctrine : a doctrine of tort law: a person who is confronted with a sudden and unexpected perilous situation not of his or her

subrogation

: a doctrine holding that when an insurance company pays an insured's claim of loss due to another's tort the insurer succeeds to the insured's rights (as the right to sue for damages) against the tortfeasor called

sexual harassment

unwelcome verbal or physical conduct directed at an employee because of his or her sex ;also : the tort of engaging in such discrimination see also hostile environment sexual harassment, quid pro quo sexual harassment NOTE: Sexual

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sound

action used with in [those remedies for rent which ed in contract "O. W. Holmes, Jr."] [ing in tort]

res ipsa loquitur

res ipsa loquitur Latin, the thing speaks for itself] : a doctrine or rule of evidence in tort law that permits an inference or presumption that a defendant was negligent in an accident injuring the plaintiff

fellow-servant rule

fellow-servant rule : a common-law rule or doctrine in tort law: an employer is not liable for injuries inflicted on one employee by the fault of another employee

ex delicto

ex delicto [Latin, of or by reason of a wrong] : arising from or based on a tort or delict (as a breach of duty) [the action is ex delicto] compare ex contractu

due diligence

with regard to proceeding with a court action. Due care is used more often in connection with general tort actions. 2 a : the care that a prudent person might be expected to exercise in the examination

discretionary

at one's own discretion ;specif : relating to the policy-making function of a public official see also Federal Tort Claims Act in the Important Laws section compare ministerial NOTE: A public official generally has qualified immunity from

discovery rule

discovery rule : a rule in tort law: the statute of limitations for a cause of action does not begin to run until the time

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