A “bait and switch” takes place when a seller creates an appealing but ingenuine offer to sell a product or service, which the seller does not actually intend to sell. This initial advertised offer is “the bait.” Then the seller switches customers...
accidents & injuries (tort law)
battery
Tort Law
Battery is an intentional tort. When a person intentionally causes harmful or offensive contact with another person, the act is battery. However, if the plaintiff expressly consented to such an act or gave implied consent by...
beneficiary
A beneficiary is an individual who receives benefits from a transaction via a contract (such as an insurance policy), a will, or trust.
Wills and Trusts:A beneficiary is an individual named in a will, revocable trust, or...
breach of promise
Breach of promise, although not actionable in most jurisdictions, is a breach of a promise to marry another; in other words, it is a broken engagement. It is a tort against the breaching party. The principle of breach of promise treats the...
business invitee
Business invitee refers to an individual welcomed inside or onto property by a business for commercial purposes. The term is used in tort law to describe individuals to which businesses owe some form of duty to protect. Customers going into...
business judgment rule
The business judgment rule provides a director of a corporation immunity from liability when a plaintiff sues on grounds that the director violated the duty of care to the corporation so long as the director’s actions fall within the...
but-for cause
But-for cause, sometimes used interchangeably with actual cause, is a necessary element for both liability in civil cases and a guilty verdict under much of criminal law.
In civil cases, but-for cause combines with proximate cause to...but-for test
The but-for test is a test commonly used in both tort law and criminal law to determine actual causation. The test asks, "but for the existence of X, would Y have occurred?"
In tort law, but-for causation is a prerequisite...
calumny
Calumny is technically the act of a person falsely accusing another person of a crime. However, the common definition of calumny means the act of maliciously (i.e. with the intent to do harm) misrepresenting someone’s conduct to harm that...
care
Care means watchful attention, prudence, diligence. Care is the opposite of negligence or carelessness and the amount of care to be exercised in a particular situation is determined by standard of conduct which may be expected from a person...