Liability Claims Comprehensive
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Proximate cause - Answer: A cause that, in a natural and
continuous sequence unbroken by any new and independent
cause, produces an event and without which the event would
not have happened.
Negligence - Answer: The failure to exercise the degree of care
that a reasonable person in a similar situation would exercise to
avoid harming others.
Tort - Answer: A wrongful act or an omission, other than a
crime or a breach of contract, that invades a legally protected
right.
Tortfeasor - Answer: A person or an organization that has
committed a tort.
,Plaintiff - Answer: The person or entity who files a lawsuit and
is named as a party.
Defendant - Answer: The party in a lawsuit against whom a
complaint is filed.
Legal duty - Answer: An element of negligence that exists when
parties are in such a relationship that the law imposes on one
party the responsibility for the exercise of care toward the
other party.
Statute - Answer: A written law passed by a legislative body at
either the federal or state level
Contract - Answer: A legally enforceable agreement between
two or more parties.
, Common law (case law) - Answer: Laws that develop out of
court decisions in particular cases and establish precedents for
future cases.
Reasonable person test - Answer: A standard for the degree of
care exercised in a situation that is measured by what a
reasonably cautious person would or would not do under
similar circumstances.
Common carriers - Answer: Airlines, railroads, or trucking
companies that furnish transportation to any member of the
public seeking their offered services.
"But for" rule - Answer: A rule used to determine whether a
defendant's act was the proximate cause of a plaintiff's harm
based on the determination that the plaintiff's harm could not
have occurred but for the defendant's act.