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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]
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 ...
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 ...
The Harm Principle is also found in recent US case law - in the case of the People v Alvarez, from the Supreme Court of California, in May, 2002: In every criminal trial, the prosecution must prove the corpus delicti, or the body of the crime itself - i.e., the fact of injury, loss, or harm, and the existence of a criminal agency as its cause.
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]
Actual bodily harm [41] – the term is not defined in the Crimes Act, but case law indicates actual bodily harm may include injuries such as bruises and scratches, [42] as well as psychological injuries [43] if the injury inflicted is more than merely transient (the injury does not necessarily need to be permanent) [44]