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 ...
Federal courts have jurisdiction over such claims, but apply the law of the state "where the act or omission occurred". 28 U.S.C. § 1346(b). Thus, both federal and state law may impose limitations on liability. The FTCA exempts, among other things, claims based upon the performance of or failure to perform a "discretionary function or duty". [1]
Economic torts are tortious interference actions designed to protect trade or business. The area includes the doctrine of restraint of trade and, particularly in the United Kingdom, has largely been submerged in the twentieth century by statutory interventions on collective labour law and modern competition law, and certain laws governing intellectual property, particularly unfair competition law.
The following outline is provided as an overview of and introduction to tort law in common law jurisdictions: Tort law – defines what a legal injury is and, therefore, whether a person may be held liable for an injury they have caused. Legal injuries are not limited to physical injuries. They may also include emotional, economic, or ...
This is an accepted version of this page This is the latest accepted revision, reviewed on 21 December 2024. Constitution of the United States The United States Congress enacts federal statutes in accordance with the Constitution. The Supreme Court of the United States is the highest authority in interpreting federal law, including the federal Constitution, federal statutes, and federal ...
Tort liability in France (responsabilité extracontractuelle) is a distinct system which has developed over the course of history stemming from the Napoleonic Code [86] which, together with the German Bürgerliches Gesetzbuch, forms the basis for private law in the majority of civil law countries with civil codes. French tort law is based on ...
There is a fundamental distinction between pure economic loss and consequential economic loss, as pure economic loss occurs independent of any physical damage to the person or property of the victim. It has also been suggested that this tort should be called "commercial loss" as injuries to person or property can be regarded as "economic".
A tort of negligent interference occurs when one party's negligence damages the contractual or business relationship between others, causing economic harm, such as by blocking a waterway or causing a blackout that prevents the utility company from being able to uphold its existing contracts with consumers.