A consumer expectations test is a standard used for determining if a design defect exists in a products liability tort case. The consumer expectation test imposes a liability on the seller of a product if the product is in a defective...
tort damages
contingent fee
A contingent fee, also known as a contingency fee, is a method of compensation for legal services. A lawyer who works on contingency receives a percentage of their client’s monetary award as compensation rather than billing a fixed hourly...
continuing trespass
Continuing trespass broadly can refer to any recurring infringement of another person’s rights. While sometimes trespass is used in this broad sense, continued trespass in the modern context generally refers to trespass onto the land or...
contra proferentem
Contra proferentem is a rule of contract interpretation that states an ambiguous contract term should be construed against the drafter of the contract. The term contra proferentem is derived from a Latin phrase meaning “against the offeror...
contract of adhesion
See Adhesion contract.
contribution
Contribution is an important term in the fields of business and tort law.
Tort LawIn the field of tort law, contribution refers to an action a defendant may bring in a joint and several liability jurisdiction to recover...
contributory negligence
Contributory negligence is a common law tort rule which bars plaintiffs from recovering for the negligence of others if they too were negligent in causing the harm. Contributory negligence has been replaced in many jurisdictions with the...
conversion
Conversion is an intentional tort which occurs when a party takes the chattel property of another with the intent to deprive them of it. Conversion is not applicable to real property.
For the purposes of conversion, “intent...
count
Counts refer to the basis for bringing a case, including each cause of action in civil cases or charge in criminal cases. Lawsuits can involve multiple counts in which someone can be held liable. For example, assault and battery are separate...
damages
In civil cases, damages are the remedy that a party requests the court award in order to try to make the injured party whole. Typically damage awards are in the form of monetary compensation to the harmed party. Damages are imposed if the...