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Under common law, a liquidated damages clause will not be enforced if the purpose of the term is solely to punish a breach (in this case it is termed penal damages). [23] The clause will be enforceable if it involves a genuine attempt to quantify a loss in advance and is a good faith estimate of economic loss.
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract , battery , or false imprisonment ).
Malicious prosecution – Similar to abuse of process, but includes intent, pursuing without probable cause, and dismissal in favor of the victim. In some jurisdictions, malicious prosecution is reserved for the wrongful initiation of criminal proceedings, while malicious use of process refers to the wrongful initiation of civil proceedings.
In the USA, the rescue doctrine of the law of torts holds that if a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also the harm caused to any person injured in an effort to rescue that victim. [1]
Hart and Honore, in their famous work Causation in the Law, also tackle the problem of "too many causes". For them, there are degrees of causal contribution. A member of the NESS set is a "causally relevant condition". This is elevated into a "cause" where it is a deliberate human intervention, or an abnormal act in the context.
At common law, a victim of a personal injury and others with a direct interest in the outcome of an action (e.g., the victim's spouse) were automatically disqualified from testifying about the injury or its consequences (because the victim's self-interest in recovery was seen as inevitably resulting in an unacceptably high risk of perjury ...
According to Article 1 of the Act, "victim" in UK law means "a person who has suffered harm as a direct result of being subjected to criminal conduct". [127] A key provision within this Act is the requirement that the Secretary of State issues a non-statutory Victims' Code regulating all public services that are provided to victims.
where the court considers one theory "improbable" and rules out other theories, the "improbable theory" remains such and does not become a "likely" cause by default: [6] Sherlock Holmes' guiding principle, from his investigation in The Sign of the Four (1890), "when you have eliminated the impossible, whatever remains, however improbable, must ...