Glossary

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

485

GLOSSARY

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

suffer s.

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

Accident. An unex pected or untoward event that cause s injury to another, or

conduct that no reasonable pe rson would foresee as creating a r isk of injury

to others.

Act of God. An extr aordinary natur al phenomenon that is beyond the fore-

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

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

original ly available only to a husband (now extended to wive s) for the loss of

personal and domest ic services ari sing from an injury caus ed by the tortfea-

sor to a spouse.

Actio per quod serv itium amisit. A Latin expre ssion for a common law action

brought by an employer for the loss of serv ices of an employee injured by a

tortfea sor.

Action. See caus e of action.

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

the case. A featu re of the writ was that the c ircumstances of the c ase were

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

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