Tort Liability

Vocabulary

breach

failure to do something that one is obligated to do by contract or agreement

bystander

person who is present but does not take part in something

caveat emptor

Latin for "let the buyer beware." It means that a buyer is responsible for checking the quality of goods before purchasing them.

defective product

product that is designed, manufactured, or marketed in a flawed way that results in an injury to a consumer

duty

moral or legal obligation to do something, the breach of which can result in liability

failure to warn

buyer or user claim that a manufacturer is liable for not telling a buyer or user about the dangers of normal use or foreseeable misuse

foreseeable harm

in tort law, the idea that a reasonable person would be able to predict or anticipate the harmful results of their action

negligent design

buyer claim of injury from a poorly designed product that was not free from unreasonable risks

negligent manufacture

buyer claim that design was adequate but failure to inspect or some other misconduct caused a dangerous product to enter the marketplace

privity

relationship between two or more parties that is recognized by law

product liability

liability of a manufacturer or a seller for injuries to a consumer resulting from a defective product

res ipsa loquitur

doctrine of law that the occurrence of an injury presumes negligence; Latin for "the thing speaks for itself"

strict liability

legal responsibility for one's conduct even if there is no negligence or fault on the defendant's part. It is legally sufficient that the act caused harm.

tort

violation of rights of an identifiable individual or business intentionally or by negligence. Common torts include defamation, nuisance, conversion, and negligence.

ultrahazardous activity

activity where the danger to the general public is especially great, such as using harmful chemicals, operating explosives, keeping wild animals, and bringing dangerous substances onto property

unreasonable

not guided by or based on good sense; beyond the limits of acceptability or fairness