Tort - Law Dictionary Search Results
Home Dictionary Name: tort Page: 8 Page 8 of about 7,721 results (0.011 seconds)conversion
conversion 1 a : the act of changing from one form or use to another b : the act of exchanging one kind of property for another ;esp : the act of exchanging preferred stocks or bonds for shares of common stock of the same company usually at a preset ratio or price and at a preset time equitable conversion : the constructive conversion of real property into personal property esp. as a result of a contract for sale of land or testamentary instructions to sell real estate and divide the proceeds NOTE: Equitable conversion is a legal fiction under which the seller of a real property becomes, upon the execution of a contract for the sale of the property, the owner of personal property in the form of legal title to the property that secures payment of the purchase price. The purchaser is deemed to be the holder of equitable title in and owner of the real property, having the rights and being subject to the liabilities that attend that status. In the case of a will in which a property ...
subrogation
subrogation 1 : an equitable doctrine holding that when a third party pays a creditor or obligee the third party succeeds to the creditor's rights against the debtor or obligor ;also : 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 also equitable subrogation 2 : an act or instance of subrogating [where an insurer has acquired by an assignment or by the right to recover for money "J. M. Landers et al."] NOTE: Subrogation can take place either by operation of law or by contractual agreement. ...
sound
sound 1 a : free from injury or disease : exhibiting normal health b : free from flaw, defect, or decay [a design] 2 a : free from error, fallacy, or misapprehension [based on judicial reasoning] b : legally valid [a title] 3 : showing good judgment or sense sound·ly adv sound·ness n of sound mind : having the mental capacity to make a will esp. as demonstrated by the ability to understand the nature of one's property, identify the natural objects of one's bounty, and understand the nature of the dispositions being made in the will vi : to be based or founded : have a specified basis for an 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 on the basis of circumstantial evidence if the accident was of a kind that does not ordinarily occur in the absence of negligence [a plaintiff who establishes the elements of res ipsa loquitur can withstand a motion for summary judgment and reach the jury without direct proof of negligence "Cox v. May Dept. Store Co., 903 P.2d 1119 (1995)"] NOTE: For res ipsa loquitur to apply, the accident in question must not be due to any voluntary action or contribution by the plaintiff. The doctrine has traditionally required that a defendant have exclusive control over the instrumentality of an injury, but now it is commonly applied when multiple defendants have joint or sometimes successive control (as by the manufacturer and retailer of a defective product). In addition to the control ...
Latin information
Latin information. The name of an information and action by the Crown, the Duchy of Lancaster or the Duke of Cornwall in the nature of civil proceedings to recover debt or damages for a tort or otherwise, see A.G. v. Valle-Jones, (1935) 2 KB 209 (damage by loss of services); an English information is an information in equity on the revenue side of the King's Bench Division (see Halsb. L. of E., title 'Crown Practice....
Lex loci delicti
Lex loci delicti (the law of the place of the tort or wrong)....
Not guilty
Not guilty, a plea by way of traverse which occurred in actions of trespass, libel, or other tort, and amounted to a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant; this was called pleading the 'general issue.' See PLEADING.The plea of not guilty, jin criminal proceedings, is the proper form wherever a prisoner means either to deny or justify the charge in the indictment; the effect of which plea is, that on the one hand, it puts the prosecutor to the proof of every material fact alleged in the indictment or information, and on the other it entitles the defendant to avail himself of any defensive circumstances as amply as if he had pleaded them in a specific form....
sexual harassment
sexual harassment : employment discrimination consisting of 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 harassment has been found by federal courts to violate the protection in the Civil Rights Act of 1964 against discrimination in employment. There are also state statutes under which sexual harassment actions may be brought. In order to recover against an employer under a sexual harassment suit, the plaintiff has to show that the harassment affected the employment (as by being severe or pervasive) and that the employer is liable under respondeat superior because of actual or constructive knowledge of the harassment. Strict liability is often imposed for harassment of an employee by a supervisor or for quid pro quo sexual harassment. ...
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 ...
lex loci delictii
lex loci delictii [New Latin, law of the place of the wrong] : the law of the place where an offense or tort occurred ...
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