| A | B |
|---|
| assumption of risk | The legal rule under which a person may not recover for an injury received when voluntarily exposed to a known danger. |
| breach of duty | Any violation or omission of a legal or moral duty. |
| comparative negligence | The rule by which negligence is measured by a percentage, and damages are diminished in proportion to the amount of negligence attributable to the person seeking recovery. |
| contributory negligence | An affirmative defense which means that the injuries and damages complained of by the plaintiff were caused in whole or in part, or were contributed to as a result of the plaintiff’s own negligence. |
| foreseeability | In tort law, the foreseeability element of proximate cause is established by proof that an actor, person of ordinary intelligence should have anticipated danger to others created by his negligent act. |
| injunction | A court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury. |
| intent | (1) A clearly formulated or planned intention. (2) That which a plaintiff must prove to recover damages for an intentional tort. |
| intentional tort | Wrong perpetrated by one who intends to break the law. |
| joint and several liability | Describes the liability of co-promissors of the same performance when each of them, individually, has the duty of fully performing the obligation, and the obligee can sue all or any of them upon breach of performance. |
| legal process | (1) A formal paper that is legally valid. (2) Something issuing from the court, usually a command such as a writ or mandate. |
| liability | A debt or obligation to another person or entity; legal responsibility to another. |
| libel | Damage to a person’s reputation by written or published information. |
| malicious prosecution | One begun in malice without probable cause to believe the charges can be sustained. |
| negligence | Failure to use care that a reasonable and prudent person would use under similar circumstances. |
| proximate cause | The last negligent act which contributes to an injury. |
| prudent person | A careful, cautious, attentive person of good judgment. |
| reasonable care | Due care, or ordinary care, under all circumstances. |
| recapture of chattels | A defense to personal injury claims by asserting that the defendant was attempting to recover his own property that had been taken from him. |
