accidents & injuries (tort law)

strict liability

**(Contrast with general intent and specific intent)**

Overview

In both tort and criminal law, strict liability exists when a defendant is liable for committing an action, regardless of what his/her intent or mental state was when...

subrogee

Subrogee is someone who acquires rights in place of another (subrogor) by subrogation, usually by paying the other's debts or expenses in connection with the claim to collect the other's claim against the third party. For example, an...

subrogor

Subrogor is someone whose rights are acquired by another (subrogee) as a result of subrogation, usually by transferring the legal right to collect a claim to another in exchange for payment of the debt or expense associated with the claim by...

suffering

Suffering is the pain, hurt, inconvenience, embarrassment, and inability to perform normal activities because of injury, for which a person injured by another person’s negligence or wrongdoing may recover general damages. It is usually in the...

summary adjudication

Summary adjudication is a pre-trial procedural device that allows a court to determine the merits of a particular cause of action, an affirmative defense, a claim for damages, and/or an issue of duty. This procedural device can be brought by...

superseding cause

See: intervening cause

[Last updated in September of 2021 by the Wex Definitions Team]

supervening cause

See: intervening cause

[Last updated in September of 2021 by the Wex Definitions Team]

things in action

Property that is theoretically owed to someone by virtue of a legal right to sue. The property involved is often money. Thus, someone with a tort claim has a thing in action until either a court issues final judgment or the period for suing has...

third-party beneficiary

A third-party beneficiary is a person who is not a contracting party of a contract but can still receive the benefits from the performance of the contract. The privity of the contract is between the contracting parties - the promisor and...

tort claims act

Tort claims act refers to legislation where the governmental entity gives up sovereign immunity protection, allowing it to be sued for the tortious activities of its employees within the scope of their employment.

The...

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