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Under U.S. law, in order to rise to an actionable level of negligence (an actual breach of a legal duty of care), the injured party must show that the attorney's acts were not merely the result of poor strategy, but that they were the result of errors that no reasonably prudent attorney would make. While the elements of a cause of action for ...
Although a suit for breach of contract is relatively straightforward, there are advantages in bringing a parallel suit in misrepresentation, because whereas repudiation is available only for breach of condition, [17] rescission is prima facie available for all misrepresentations, subject to the provisions of s.2 of the Misrepresentation Act ...
Although federal courts often hear tort cases arising out of common law or state statutes, there are relatively few tort claims that arise exclusively as a result of federal law. The most common federal tort claim is the 42 U.S.C. § 1983 remedy for violation of one's civil rights under color of federal or state law, which can be used to sue ...
Inducing a breach of contract was a tort of accessory liability, and an intention to cause a breach of contract was a necessary and sufficient requirement for liability; a person had to know that he was inducing a breach of contract and to intend to do so; that a conscious decision not to inquire into the existence of a fact could be treated as ...
The tort of breach of confidence is, in United States law, a common-law tort that protects private information conveyed in confidence. [1] A claim for breach of confidence typically requires the information to be of a confidential nature, which was communicated in confidence and was disclosed to the detriment of the claimant.
"Legal Information Institute (LII). Cornell University Law School. Web. Retrieved Dec 8, 2012. Law Commission, Contempt of Court (1): Juror Misconduct and Internet Publications (LAW COM No 340) K Crosby, 'Juror Punishment, Juror Misconduct and the Criminal Justice and Courts Act 2015' [2015] Criminal Law Review 578-593
Malicious prosecution is a common law intentional tort.Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.
They can be divided into civil wrongs and crimes (or criminal offenses) in common law countries, [2] while civil law countries tend to have some additional categories, such as contraventions. Moral wrong is an underlying concept for legal wrong. Some moral wrongs are punishable by law, for example, rape or murder. [2]