abnormally dangerous activity. An undertaking that necessarily carries with it a significant risk of serious harm even if reasonable care is used, and for which the actor may face strict liability for any harm caused; esp., an activity (such as dynamiting) for which the actor is held strictly liable because the activity (1) involves the […]
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style, n. 1. A case name or designation (the style of the opinion is Connor v. Gray). — Also termed title. Cf. CAPTION(1). 2. Scots law. A form of writ or deed used in conveyancing. • A book of styles is essentially a formbook; a typical Scottish example is John Hendry’s Styles of Deeds and
An officer responsible for drawing and summoning the panels of potential jurors in a given county. [Cases: Jury 59. C.J.S. Juries § 281.]
government-contractor defense. An affirmative defense that immunizes a government contractor from civil liability under state law when the contractor complies with government specifications. • Immunization is extended when two conditions are satisfied: (1) the supplier warned the government about any dangers presented by the goods about which the supplier had knowledge but the government did
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limitation-of-remedies clause. A contractual provision that restricts the remedies available to the parties if a party defaults. • Under the UCC, such a clause is valid unless it fails of its essential purpose or it unconscionably limits consequential damages. Cf. LIQUIDATED-DAMAGES CLAUSE; PENALTY CLAUSE. [Cases: Contracts 114; Sales 418(6), 426. C.J.S. Contracts § 271; Sales
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taking, n. 1. Criminal & tort law. The act of seizing an article, with or without removing it, but with an implicit transfer of possession or control. constructive taking. An act that does not equal an actual appropriation of an article but that does show an intention to convert it, as when a person entrusted
form of action. The common-law legal and procedural device associated with a particular writ, each of which had specific forms of process, pleading, trial, and judgment. • The 11 common-law forms of action were trespass, trespass on the case, trover, ejectment, detinue, replevin, debt, covenant, account, special assumpsit, and general assumpsit. [Cases: Action 29; Federal
additional-consideration rule. Employment law. An exception to the employment-at-will principle, whereby an employee who does not have a written contract but who undertakes substantial hardship in addition to the normal job duties — as by relocating to a different city based on oral assurances of job security — can maintain a breach-of-contract claim if the
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Arbitrage of assets that are probably, but not necessarily, equivalent; esp., arbitrage of corporate stock in a potential merger or takeover, whereby the target company’s stock is bought and the acquiring company’s stock is sold simultaneously.
Evidence. Knowledge that is grounded on scientific methods that have been supported by adequate validation. • Four primary factors are used to determine whether evidence amounts to scientific knowledge: (1) whether it has been tested; (2) whether it has been subject to peer review and publication; (3) the known or potential rate of error; and
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