Search results
Results from the WOW.Com Content Network
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 ...
Breach of duty – There can be no liability in negligence unless the claimant established that he or she was owed a duty of care by the defendant and that there has been a breach of that duty. Legal causation or remoteness – The idea that liability may be so remote from the defendant that the negligence was not foreseeable or preventable by ...
However, tort and contract law are similar in that both involve a breach of duties, and in modern law these duties have blurred [173] and it may not be clear whether an action "sounds in tort or contract"; if both apply and different standards apply for each (such as a statute of limitations), courts will determine which is the "gravamen" (the ...
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 ...
An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor (alleged wrongdoer). The term negligence, on the other hand, pertains to a tort that simply results from the failure of the tortfeasor to take sufficient care in fulfilling a duty owed, while strict liability torts refers to situations where a party is liable ...
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 ...
In Spanish law, delito is any breach of criminal law, i.e. a criminal offence. In Italian law , delitto penale is the same concept, but illecito civile extracontrattuale (or delitto civile ), like delict in Scots law , is an intentional or negligent act which gives rise to a legal obligation between parties even though there has been no ...
Trespass is an area of tort law broadly divided into three groups: trespass to the person (see below), trespass to chattels, and trespass to land.. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. [1]