accidents & injuries (tort law)

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...

substantial factor test

The substantial factor test is often used in criminal law and torts to assess whether the defendant’s acts or omissions were a substantial factor in causing the harm, especially when there are multiple causes.

In criminal...

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 June of 2024 by the Wex Definitions Team]

supervening cause

See: intervening cause

[Last updated in June of 2024 by the Wex Definitions Team]

things in action

Things in action refers to 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 a final...

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

A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. In the context of torts, "injury" describes the invasion of any legal right, whereas "harm" describes a...

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