Generally, in tort law, there is no duty to rescue another. However, if an individual negligently creates the need for a rescue—i.e. creates a situation which puts another in peril—then a duty to rescue may arise for that individual. For example, in...
accidents & injuries (tort law)
respondeat superior
Respondeat superior refers to the legal doctrine generally used in tort law. Under the doctrine of respondeat superior, the employer or a principal could be held vicariously liable for an unlawful or unjust act of an employee or an agent. For...
responsible
A person or body who can be held accountable for carrying out a duty is considered responsible.
In the context of tort law, it may refer to a party who caused injury, and is therefore synonymous with liable. In the context of...running at large
Running at large may refer to:
An animal that is off of the premises of its owner’s or custodian’s property and is not under either’s control. A candidate for public office elected by an entire municipality, city, county, or state...scienter
Scienter is a legal term that refers to the intent or knowledge of wrongdoing. It is a mental state that indicates that a person acted with knowledge of the illegality or with reckless disregard for the truth. Scienter is often required to...
scope of employment
The phrase “scope of employment” is a common law concept that often arises in civil litigation, especially in workers’ compensation cases and personal injury cases. Generally, the scope of employment is the range of activities and conducts...
secondary liability
Secondary liability is the liability that arises from the original or primary liability. It is the legal responsibility assigned to a party due to their relationship with the primary wrongdoer, rather than their own direct actions. In general...
several liability
Several liability refers to a type of liability system that courts use to allocate responsibility for damages in tort cases with multiple negligent parties. The term several liability can refer to many types of liability systems such as pure...
shocks the conscience
“Shocks the conscience” refers to situations that seem grossly unjust to the observer. Courts often use this phrase as a test to determine which situations are so unjust or wrong that the court must intervene. If some event shocks the...
slander
Slander is a false statement, usually made orally, which defames another person. Unlike libel, damages from slander are not presumed, and must be proven by the party suing. See, e.g. TXO Production Corp. v. Alliance Resources, 509 U.S. 443 (...