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Harm may be of various kinds: bodily injury, psychological trauma, loss of property or reputation, breach of contract, etc. Injury may give rise to civil tort or criminal prosecution. Law recognizes certain categories of injury, such as personal injury vs. injury to property, permanent injury, irreparable injury, potential injury, continuing ...
[51] [52] In form (1), where an injury does not amount to grievous bodily harm, intent to cause grievous bodily harm (in the advancement of a different cause) must be shown. Practically, the "virtual certainty" clause cannot come into force, since grievous bodily harm was not actually caused, by definition. [51]
Bodily harm is a legal term of art used in the definition of both statutory and common law offences in Australia, Canada, England and Wales and other common law jurisdictions. It is a synonym for injury or bodily injury and similar expressions, though it may be used with a precise and limited meaning in any given jurisdiction.
Personal injury is a legal term for an injury to the body, mind, or emotions, as opposed to an injury to property. [1] In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit (the plaintiff in American jurisdictions or claimant in English law) has suffered harm to their ...
Volenti non fit injuria – Latin for "To a willing person, no injury is done", this common law doctrine means that if someone willingly puts themselves in a position where harm might result, they can not sue if harm occurs. That is, a boxer consents to being hit, and the injuries related to boxing are thus not actionable (although if his ...
Tort law is referred to as the law of delict in Scots and Roman Dutch law, and resembles tort law in common law jurisdictions in that rules regarding civil liability are established primarily by precedent and theory rather than an exhaustive code. However, like other civil law jurisdictions, the underlying principles are drawn from Roman law.
The law states that any two individuals who feel the need to fight can agree to mutual combat through a signed, verbal or implied communication and have at it (fists only, however),” the ...
causation: the injury to the plaintiff is a reasonably foreseeable consequence of the defendant's act or omission. Some jurisdictions narrow the definition down to three elements: duty, breach and proximately caused harm. [6] Some jurisdictions recognize five elements, duty, breach, actual cause, proximate cause, and damages. [6]