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As a legal term, injury is a harm done to a person due to acts or omissions of other persons. 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.
This relationship has been formalized by the law and economics school as such: an act is in breach of the duty of care if: > where B is the cost (burden) of taking precautions, and P is the probability of loss (L). L is the gravity of loss. The product of P x L must be a greater amount than B to create a duty of due care for the defendant.
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 ...
In English tort law, there can be no liability in negligence unless the claimant establishes both that they were owed a duty of care by the defendant, and that there has been a breach of that duty. The defendant is in breach of duty towards the claimant if their conduct fell short of the standard expected under the circumstances.
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 ...
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]
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.
There are specific regulations as to mines and quarries (reg.8/ Sch.5), and offshore installations (reg.9/ Sch.6). Medical treatments are exempt, as are injuries arising from road traffic accidents [6] and to members of the armed forces (reg.10). Breach of the regulations is a crime, punishable on summary conviction with a fine of up to £400.