Glossary

• Author: Philip H. Osborne
• Pages: 485-493

485

GLOSSARY

Abatement. A self-help remedy to remove a nuisance from which the abator

suffers.

Abuse of proce ss. The use of civil process in fu rtherance of an improper motive.

Accident. An unexpected or untoward event that causes injury to another, or

conduct that no reasonable person would foresee as creating a risk of injury

to others.

Act of God. An extraordinary natural phenomenon that is beyond the fore-

sight of a reasonable person and could not therefore be guarded again st.

Actio per quod consort ium amisit. A Latin express ion for a common law action

originally available only to a husband (now extended to wives) for the loss of

personal and domestic services arising from an injury caused by the tortfea-

sor to a spouse.

Actio per quod servitium amisit. A Latin expression for a common law action

brought by an employer for the loss of services of an employee injured by a

tortfeasor.

Action.See caus e of action.

Action on the case. A cause of action originating from the w rit of trespass on

the case. A feature of the writ was that the circumstances of the case were

set out in it. Trespass on the case evolved into a number of nominate and

innominate tort s that are characteri zed by the need to prove fault and damage.