|
| |
| | Law of torts - Columbia Encyclopedia® article about Law of torts |
 | | tort, in law, the violation of some duty clearly set by law, not by a specific agreement between two parties, as in breach of contract contract, in law, a promise, enforceable by law, to perform or to refrain from performing some specified act. | | | Torts are usually characterized as violations of duties that are imposed on all persons and that have been established entirely by law. | | | Certain torts, such as nuisance nuisance, in law, an act that, without legal justification, interferes with safety, comfort, or the use of property. |
|
http://columbia.thefreedictionary.com/Law+of+torts
(938 words)
|
|
| |
| | Assault - Wikipedia, the free encyclopedia |
| | In some jurisdictions, assault is used to refer to the actual violence, while in other jurisdictions (e.g. | | | In some jurisdictions, consent is a defense to assault, while in other jurisdictions (most notably England) it is not. | | | A Defendant could argue that since he was drunk, he could not form the specific intent to commit assault. |
|
http://en.wikipedia.org/wiki/Assault
(579 words)
|
|
| |
| | [No title] |
| | Bench trials decided 93% of the tort trial cases in which the United States was a defendant and 57% of the cases in which the United States was a plaintiff. | | | Tort trial cases awarding court costs only or court costs and attorney fees were excluded from the award analysis. | | | Tort: A civil wrong or breach of a duty to another person, as outlined by law. |
|
http://www.ojp.usdoj.gov/bjs/pub/ascii/fttv95.txt
(3762 words)
|
|
| |
| | Tort Lawyer |
| | The "law of torts" is a body of civil law or private law that covers the various legal (money damages) and equitable remedies which the law provides for civil wrongs arising from extra-contractual liability, i.e., other than those wrongs which arise from a breach of contractual obligations. | | | In the common law, a tort is a civil wrong for which the law provides a remedy. | | | A tort is a wrong against an individual, while a crime is a contravention of the rules of the state. |
|
http://www.wwwtln.com/finance/181/tort-lawyer.html
(1506 words)
|
|
| |
| | OUTLAWS LEGAL SERVICE |
| | The fundamental purpose of tort law is to compensate the injured party, not necessarily to punish the wrongdoer as in criminal law. | | | A tort is any socially unreasonable conduct, which is not contractual, for which a court of law will grant monetary damages or an equitable remedy to compensate an individual for his/her injury. | | | A tort is any socially unreasonable conduct, which is not contractual, for which a court will grant monetary damages or an equitable remedy to compensate an individual for his/her injury. |
|
http://www.outlawslegal.com/refer/torts.htm
(10205 words)
|
|
| |
| | What are Tort Laws? |
| | Tort claims usually involve state law and are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others (McCarthy and Cambron-McCabe, 1992). | | | Tort laws are laws that offer remedies to individuals harmed by the unreasonable actions of others. | | | Teachers accused of assault and battery are typically given considerable leeway by the courts (Alexander and Alexander, 1992). |
|
http://cecp.air.org/interact/authoronline/february99/2.htm
(514 words)
|
|
| |
| | [No title] |
| | The reason why these cases are brought in tort law instead of contract law is to maintain the illusion of freedom of contract. | | | Can argue that tort law case obliterated the right to contract. | | | If you can call it a tort contract, and they are trying to disclaim liability, the courts will likely will have a weak interpretation of objective standard. |
|
http://www.law.harvard.edu/students/orgs/salsa/outlines/Kennedy1.doc
(11269 words)
|
|
| |
| | [No title] |
| | However, the Court stated that as a general rule an employer cannot be vicariously liable for the intentional torts of assault or battery perpetrated by its employee because such acts are not ordinarily within the course and scope of an employee’s authority or employment. | | | However, the Court stated that where the tort of an employee is wholly personal to himself, it is not within the scope of his employment, and thus the employer would not be liable. | | | The Court stated that under that doctrine, an employer cannot be held liable for the tortious or criminal acts of an employee, unless the acts were committed during the course of the employment and to further a purpose or interest, however excessive or misguided, of the employer. |
|
http://www.bna.com/bnabooks/ababna/rnr/2002/schwimmer.doc
(4735 words)
|
|
| |
| | [No title] |
| | The intentional tort exception was amended in 1974 to permit FTCA suits for certain intentional torts by law enforcement officers. | | | Specifically, the court stated that the intentional tort exception would not preclude the claim of a plaintiff who "allege(d) sufficient facts which, if proven, would demonstrate that the government should have reasonably anticipated that one of their employees would commit an intentional tort" (ibid.). | | | B. The court of appeals did not identify the category of claims that, in its view, are precluded by the intentional tort exception. |
|
http://www.usdoj.gov/osg/briefs/1984/sg840069.txt
(6521 words)
|
|
| |
| | Marital Torts, New Way to Handle Fault in a Divorce |
| | The evidence in the divorce case can be used in the tort case. | | | Other states permit the tort action to be joined with the divorce but don't require it. | | | According to a legal dictionary, a tort is a private or civil wrong or injury that results "from a breach of a legal duty that exists by society's expectations regarding interpersonal conduct, rather than by a contract or other private relationship." |
|
http://www.smartdivorce.com/articles/torts.shtml
(1501 words)
|
|
| |
| | Wood v. Guilford County, 143 NC App 507 (00-592) 05/15/2001 |
| | The trial court did not err in an action arising from an assault in a courthouse by not dismissing plaintiff's fourth claim, which was based upon her being an intended beneficiary of defendant county's contract with a private security company. | | | Consequently, the Tort Claims Act does not apply to county agencies, regardless of whether the county agencies are acting as an agent of the State. | | | The trial court did not err in an action arising from an assault in a courthouse by denying defendant county's motion to dismiss based upon governmental immunity where defendant did not purchase a liability insurance policy but required its private security company to obtain a policy and name defendant as an additional insured. |
|
http://www.aoc.state.nc.us/www/public/coa/opinions/2001/000592-1.htm
(2087 words)
|
|
| |
| | FindLaw's Writ - Sebok: Tort Law's Unprecedented Role in the 2004 Election |
| | The phrase "tort reform," as currently used, refers to a campaign by allies of corporations, the medical profession, and insurers to reduce the amount of private litigation in U.S. federal and state courts. | | | While tort reform was not much of a debate issue, it may yet prove to be a key legislative issue. | | | Tort reformers contend that the tort system has gone off the rails, and must be returned to its previous normal, "healthy" state. |
|
http://writ.news.findlaw.com/sebok/20041115.html
(1764 words)
|
|
| |
| | Assault and Battery |
| | This article describes the law of assault and battery as it is commonly applied, although the law may vary in any specific jurisdiction. | | | No portion of this article may be reproduced without the express written permission of the copyright holder, except as follows: You may link this article to your website, either directly or through an ExpertLaw Library index page, provided your link does not depict this article, its author, or expertlaw.com in a negative manner. | | | Most jurisdictions grant merchants the right to apply reasonable force to detain shoplifters, or other persons who the merchant reasonably believes are attempting to steal the merchant's property. |
|
http://www.expertlaw.com/library/personal_injury/assault_battery.html
(1179 words)
|
|
| |
| | 58 Wn.2d 229, RICHARD GOODE et al., Appellants, v. PAUL V. MARTINIS, Respondent |
| | The trial court was not aware of the assault herein alleged and the issues raised herein were in no way litigated in said divorce action. | | | Further, said plaintiff did not have adequate time between said assault and the trial of the divorce action to adequately prepare and present these issues to the trial court. | | | The case concerned a suit by a divorced woman against her former husband based on what the court characterized as an intentional tort (communicating a venereal disease) committed while the parties were still married and living together. |
|
http://www.mrsc.org/mc/courts/supreme/058wn2d/058wn2d0229.htm
(1807 words)
|
|
| |
| | WYOM Found Document:Williams v. Lee Way Motor Freight, Inc. |
| | The court thus may not infer from the enumeration of existing torts the exclusion of those yet to be given judicial birth. | | | This is so because, while the maxim may be effective to exclude from § 95(4) any wilful tort known to the common law when the statute was enacted, it cannot operate to exclude judicially-created - or later-promulgated - torts of the enumerated class which were unknown to the common law of this state. | | | Just as the legislature itself would not have been able to create a special category for the tort of outrage by fashioning for it a distinct period of limitations, so is the Supreme Court restrained by the same rule from doing that which the constitution expressly prohibits the legislature from doing. |
|
http://wyomcases.courts.state.wy.us/applications/oscn/DeliverDocument.asp?citeID=9716
(3931 words)
|
|
| |
| | [No title] |
| | Duty not from sale k, it is a tort duty by law (so dangerous) regardless of law. | | | TORTS I OUTLINE Professor Bauman Fall 1999 Nonfeasance - not performing k at all may breach duty to 3d parties; (ex. | | | Further, malice may negate a privilege that D might have and it may permit recovery of punitive damages. |
|
http://www.stcl.edu/students/sba/torts.doc
(4554 words)
|
|
| |
| | 88 Wn. App. 87, BROWER v. ACKERLEY |
| | Words alone are insufficient to commit common-law assault; to constitute assault, the words must be allied with acts or circumstances that put the victim in reasonable apprehension of imminent harmful or offensive personal contact. | | | late brief we discern the outline of an argument that telephone harassment, as defined by the criminal statute, should be recognized in civil law as an intentional tort. | | | Whether the repeated use of a telephone to make anonymous threats constitutes acts or circumstances sufficient to render the threats assaultive is an issue we need not resolve because we find another issue dispositive: the physical harm threatened in the telephone calls to Brower was not imminent. |
|
http://www.mrsc.org/mc/courts/appellate/088wnapp/088wnapp0087.htm
(3793 words)
|
|
| |
| | Michigan Appellate Digest - 170609 Sudul v City of Hamtramck |
| | The trial court confused the issues of intentional torts and the gross negligence exception to governmental immunity and instructed the jury that the defendants could be liable if they committed grossly negligent assault and battery. | | | In this case, the trial court improperly applied governmental immunity standards to the plaintiffs' assault and battery claims. | | | Thus, if liability for an intentional tort was not barred by governmental immunity before July 7, 1986, liability for that tort is not barred by the employee immunity provision. |
|
http://courtofappeals.mijud.net/Digest/newHTML/17060921.htm
(802 words)
|
|
| |
| | [No title] |
| | Any damage leading from tort of trespass can be sued for under trespass. | | | Trespass to Chattels Purposeful or Knowing Mental State Meddling with chattel in the possession of another Chattel must be damaged, owner must be deprived of use No knowledge necessary — intent applies to meddling, not to knowing whether it’s someone else’s chattel. | | | Some courts hold that if someone intervenes and helps the aggressor, then he’s liable. |
|
http://www.mactyre.net/shelley/outlines/Intentional-Torts-Outline.doc
(1295 words)
|
|
| |
| | assault legal definition of assault. assault synonyms by the Free Online Law Dictionary. |
| | the act of committing an assault, as in "there was an assault down on Third Avenue." Assault is both a criminal wrong, for which one may be charged and tried, and civil wrong for which the target may sue for damages due to the assault, including for mental distress. | | | Other state laws distinguish between different degrees (first or second) of assault depending on whether there is actual hitting, injury or just a threat. | | | This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. |
|
http://legal-dictionary.thefreedictionary.com/Assault
(219 words)
|
|
| |
| | Tort Claims Business Owners Should Watch Out For |
| | "Assault" and "battery" sound like criminal matters, but plaintiffs can sue on them in civil court, too. | | | A false imprisonment claim arises when a defendant, through acts or omissions, confines or restrains a plaintiff to a bounded area. | | | Assault and battery are commonly perceived as criminal acts. |
|
http://www.inc.com/articles/1999/11/15379.html
(838 words)
|
|
| |
| | Canadian law:Tort law:Trespass to person - Wikibooks |
| | Consent can be express (specifically written or spoken), or it can be implied (by actions or words that lead to the logical conclusion that contact is wanted). | | | Joining in a hockey game does not give all of the other players a license to commit any act of violence that they think of. | | | The force used in self-defence must be proportional to the threat; however, judges often give some leeway to people who use violence in self-defence. |
|
http://en.wikibooks.org/wiki/Canadian_law:Intentional_Torts
(822 words)
|
|
| |
| | Search:assault - OXiDE |
| | Assault on Precinct 13, his music, and acting. | | | Interview with rapper/actor Ja Rule about the movie | | | Assault on Precinct 13 Movie - Ja Rule Interview |
|
http://search.oxide.com/_1_2NEYTR30342JUM8__fma.main1/search/web/assault/21/...
(225 words)
|
|
|
