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Dignitary Tort
In tort law, dignitary torts involve non-physical harm, such as damage to reputation. Historically, this category of torts was often covered by the writ of trespass ''vi et armis''. Historically, the primary dignitary torts were battery, assault, and false imprisonment, as each claimed harm to a person's human dignity. A cause of action could be brought for battery, for example, even if no injury was done to the plaintiff, so long as the contact would be offensive to a reasonable person. Under modern jurisprudence the category of dignitary torts is more closely associated with secondary dignitary torts, most notably defamation (slander and libel), false light, intentional infliction of emotional distress, invasion of privacy, and alienation of affections. In some jurisdictions, the phrase is limited to those torts which do not require physical injury or threat of physical injury, limiting the class to only those secondary incidents. The only non-intentional act classified as a dign ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oxford University Press
Oxford University Press (OUP) is the publishing house of the University of Oxford. It is the largest university press in the world. Its first book was printed in Oxford in 1478, with the Press officially granted the legal right to print books by decree in 1586. It is the second-oldest university press after Cambridge University Press, which was founded in 1534. It is a department of the University of Oxford. It is governed by a group of 15 academics, the Delegates of the Press, appointed by the Vice Chancellor, vice-chancellor of the University of Oxford. The Delegates of the Press are led by the Secretary to the Delegates, who serves as OUP's chief executive and as its major representative on other university bodies. Oxford University Press has had a similar governance structure since the 17th century. The press is located on Walton Street, Oxford, Walton Street, Oxford, opposite Somerville College, Oxford, Somerville College, in the inner suburb of Jericho, Oxford, Jericho. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vi Et Armis
Trespass was a kind of lawsuit at common law called a tort. The form of action alleged a trespass upon person or property , Latin for "by force and arms" The plaintiff would allege in a pleading that the act committing the offense was "immediately injurious to another's property, and therefore necessarily accompanied by some degree of force; and by special action ''on the case'', where the act is in itself indifferent and the injury only consequential, and therefore arising without any breach of the peace." Thus it was "immaterial whether the injury was committed willfully or not".''Taylor v. Rainbow'', 2 Hen & M. 423 In ''Taylor v. Rainbow'', the defendant negligently discharged a firearm in a public place and caused the loss of the plaintiff's leg. The defendant was held to be liable for medical bills as well as lost earnings as a result of the disability. Thus, proof that the act or omission was unintended was no defense to an action of trespass ''vi et armis'' and the liable p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Battery (tort)
In common law, battery is a tort falling under the umbrella term 'trespass to the person'. Entailing unlawful contact which is directed and intentional, or reckless (or, in Australia, negligently) and voluntarily bringing about a harmful or offensive contact with a person or to something closely associated with them, such as a bag or purse, without legal consent. Unlike assault, in which the fear of imminent contact may support a civil claim, battery involves an actual contact. The contact can be by one person (the tortfeasor) of another (the victim), with or without a weapon, or the contact may be by an object brought about by the tortfeasor. For example, the intentional driving of a car into contact with another person, or the intentional striking of a person with a thrown rock, is a battery. Unlike criminal law, which recognizes degrees of various crimes involving physical contact, there is but a single tort of battery. Lightly flicking a person's ear is battery, as is severel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assault (tort)
In common law, assault is the tort of acting intentionally, that is with either general or specific intent, causing the reasonable apprehension of an immediate harmful or offensive contact. Assault requires intent, it is considered an intentional tort, as opposed to a tort of negligence. Actual ability to carry out the apprehended contact is not necessary. 'The conduct forbidden by this tort is an act that threatens violence.' In criminal law an assault is defined as an attempt to commit battery, requiring the specific intent to cause physical injury. Comparison to battery As distinguished from battery, assault does not need to involve the 'unwanted physical contact; but is the anticipation of such contact'. It only needs intent to make or threaten contact and the resulting apprehension. At one point, the common law understanding of assault required more than words alone, it also required an overt act. This understanding has changed, while words alone cannot be construed as as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
False Imprisonment
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person's movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is not necessary for false imprisonment to occur. A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention. For detention by the police, proof of false imprisonment provides a basis to obtain a writ of habeas corpus. Under common law, false imprisonment is both a crime and a tort. Imprisonment Within the context of false imprisonment, an imprisonment occurs when a person is restrained from moving from a location or bounded area, as a result of a wrongful intentional act, such as the use of force, threat, coercion, or abuse of authority. Detention that is not false imprisonment Not all acts of involuntary detention amount to false imprisonment. An accidental detention will not support a cla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dignity
Dignity is a human's contentment attained by satisfying physiological needs and a need in development. The content of contemporary dignity is derived in the new natural law theory as a distinct human good. As an extension of the Enlightenment-era concept of human rights, dignity is considered the right of a person to be valued and respected for their own sake, and to be treated ethically. In this context, it is of significance in morality, ethics, law and politics, and the term is often used to describe personal conduct as "behaving with dignity". Dignity is also recognized in the Universal Declaration of Human Rights of 1948. In Article 1, it is stipulated that 'All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood'. Etymology The English word "dignity", attested from the early 13th century, comes from Latin concept of ', variously translated as "worthiness ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defamation
Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions that are falsifiable, and can extend to concepts that are more abstract than reputationlike dignity and honour. In the English-speaking world, the law of defamation traditionally distinguishes between libel (written, printed, posted online, published in mass media) and slander (oral speech). It is treated as a civil wrong (tort, delict), as a criminal offence, or both. Defamation and related laws can encompass a variety of acts (from general defamation and insultas applicable to every citizen – to specialized provisions covering specific entities and social structures): * Defamation against a legal person in general * Insult against a legal person in general * Acts against public officials * Acts against state instituti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
False Light
In US law, false light is a tort concerning privacy that is similar to the tort of defamation. The privacy laws in the United States include a non-public person's right to protection from publicity that creates an untrue or misleading impression about them. That right is balanced against the First Amendment right of free speech. False light differs from defamation primarily in being intended "to protect the plaintiff's mental or emotional well-being", rather than to protect a plaintiff's reputation as is the case with the tort of defamationFALSE LIGHT by Professor Edward C. Martin – Cumberland School of Law, |
Intentional Infliction Of Emotional Distress
Intentional infliction of emotional distress (IIED; sometimes called the tort of outrage) is a common law tort that allows individuals to recover for severe emotional distress caused by another individual who intentionally or recklessly inflicted emotional distress by behaving in an "extreme and outrageous" way. Some courts and commentators have substituted ''mental'' for ''emotional'', but the tort is the same. Rationale for classification IIED was created in tort law to address a problem that would arise when applying the common law form of assault. The common law tort of assault did not allow for liability when a threat of battery (tort), battery was not imminent. A common case would be a future threat of harm that would not constitute common law assault but would nevertheless cause emotional harm to the recipient. IIED was created to guard against this kind of emotional abuse, thereby allowing a victim of emotional distress to receive compensation in situations where he or she ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Invasion Of Privacy
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 185 national constitutions mention the right to privacy. Since the global surveillance disclosures of 2013, the right to privacy has been a subject of international debate. Government agencies, such as the NSA, FBI, CIA, R&AW, and GCHQ, have engaged in mass, global surveillance. Some current debates around the right to privacy include whether privacy can co-exist with the current capabilities of intelligence agencies to access and analyze many details of an individual's life; whether or not the right to privacy is forfeited as part of the social contract to bolster defense against supposed terrorist threats; and whether threats of terrorism are a valid excuse to spy on the general population. Private sector actors can also threaten the right to privacyparticularly technology companies, such as Amazon, Apple, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alienation Of Affections
Alienation of affections is a common law tort, abolished in many jurisdictions. Where it still exists, an action is brought by a spouse against a third party alleged to be responsible for damaging the marriage, most often resulting in divorce. The defendant in an alienation of affections suit is typically an adulterous spouse's lover, although family members, counselors, and therapists or clergy members who have advised a spouse to seek divorce have also been sued for alienation of affections. The tort of alienation of affections often overlaps with another "heart balm" tort: criminal conversation. Alienation of affections has most in common with the tort of tortious interference, where a third party can be held liable for interfering with the contractual relationship between two parties. Legal requirements An action for alienation of affection does not require proof of extramarital sex. An alienation claim is difficult to establish because it comprises several elements and ther ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
