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Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person (see below), trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such a nature as to excite an apprehension of battery";''Johnson v. Glick'', battery, "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it"; and false imprisonment, the " or of freedom from restraint of movement".''Broughton v. New York'', 37 N.Y.2d 451, 456–7 Trespass to chattel does not require a showing of damages. Simply the "intermeddling with or use of … the personal property" of another ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trespass To Land
Trespass to land, also called trespass to realty or trespass to real property, or sometimes simply trespass, is a common law tort or a crime that is committed when an individual or the object of an individual intentionally (or, in Australia, negligence, negligently) enters the land of another without a lawful excuse. Trespass to land is ''actionable per se''. Thus, the party whose land is entered upon may sue even if no actual harm is done. In some jurisdictions, this rule may also apply to entry upon public land having restricted access. A court may order payment of damages or an injunction to remedy the tort. By law, trespass for mesne profits is a suit against someone who has been ejected from property that did not belong to them. The suit is for recovery of damages the trespasser caused to the property and for any profits he or she may have made while in possession of that property. For a trespass to be actionable, the tortfeasor must voluntarily go to a specific locatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trespass To Chattels
Trespass to chattels, also called trespass to personalty or trespass to personal property, is a tort whereby the infringing party has intentionally (or, in Australia, negligently) interfered with another person's lawful possession of a chattel (movable personal property). The interference can be any physical contact with the chattel in a quantifiable way, or any dispossession of the chattel (whether by taking it, destroying it, or barring the owner's access to it). As opposed to the greater wrong of conversion, trespass to chattels is argued to be actionable ''per se''. The origin of the concept comes from the original writ of trespass ''de bonis asportatis''. As in most other forms of trespass, remedy can only be obtained once it is proven that there was direct interference regardless of damage being done, and the infringing party has failed to disprove either negligence or intent. In some common-law countries, such as the United States and Canada, a remedy for trespass t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort Law
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 crime, 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 (crime), 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 (legal system), civil law jurisdictions largely d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Letang V Cooper
is an English Court of Appeal judgment, by which it was decided that negligently caused personal injury cannot be recovered under the trespass to the person, but the tort of negligence must be tried instead. Facts Mr Cooper (the defendant) negligently ran over Mrs Letang (the plaintiff) in his Jaguar motor car while she was sunbathing on a piece of grass where cars were parked. The plaintiff filed a claim in trespass to the person, because the claim in negligence was time-barred. Trespass to the person is a tort involving wrongful direct interference with another person and traditionally included both intentional and negligent acts. Judgment The Court of Appeal, consisting of Lord Denning Alfred Thompson Denning, Baron Denning, (23 January 1899 – 5 March 1999), was an English barrister and judge. He was called to the Bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he w ... Master of the Rolls, MR, Kenneth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Email Spam
Email spam, also referred to as junk email, spam mail, or simply spam, refers to unsolicited messages sent in bulk via email. The term originates from a Spam (Monty Python), Monty Python sketch, where the name of a canned meat product, "Spam (food), Spam," is used repetitively, mirroring the intrusive nature of unwanted emails. Since the early 1990s, spam has grown significantly, with estimates suggesting that by 2014, it comprised around 90% of all global email traffic. Spam is primarily a financial burden for the recipient, who may be required to manage, filter, or delete these unwanted messages. Since the expense of spam is mostly borne by the recipient, it is effectively a form of "postage due" advertising, where the recipient bears the cost of unsolicited messages. This cost imposed on recipients, without compensation from the sender, makes spam an example of a "negative externality" (a side effect of an activity that affects others who are not involved in the decision). The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trespasser
In the law of tort, property, and criminal law a trespasser is a person who commits the act of trespassing on a property, that is, without the permission of the owner. Being present on land as a trespasser thereto creates liability in the trespasser, so long as the trespass is intentional. At the same time, the status of a visitor as a trespasser (as opposed to an invitee or a licensee) defines the legal rights of the visitor if they are injured due to the negligence of the property owner. Trespassing as a tort The tort of trespass to land requires an intentional physical invasion of the plaintiff's real property by the defendant or a refusal to leave when ordered to leave. Intent required For example, a person walking in a public park who trips and rolls down a hill will not be liable for trespass just because the bottom of the hill is on private land. Physical invasion The trespasser need not enter the land in person. Indeed, if A and B are standing next to C's land, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burglary
Burglary, also called breaking and entering (B&E) or housebreaking, is a property crime involving the illegal entry into a building or other area without permission, typically with the intention of committing a further criminal offence. Usually that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to ''burgle'', a term back-formed from the word ''burglar'', or to ''burglarize''. Etymology Sir Edward Coke (1552–1634) explains at the start of Chapter 14 in the third part of '' Institutes of the Lawes of England'' (pub. 1644), that the word ''Burglar'' ("or the person that committeth burglary"), is derived from the words ''burgh'' and ''laron'', meaning ''house-thieves''. A note indicates he relies on the ''Brooke's case'' for this definition. According to one textbook, the etymology originates from Anglo-Saxon or Old English, one of the Germanic languages. (Perhaps paraphrasing Sir Edward ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law Offense
Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. state laws. They are offences under the common law, developed entirely by the law courts, having no specific basis in statute. Australia Under the criminal law of Australia the Criminal Code Act 1995 (Commonwealth) abolished all common law offences at the federal level.History of Australian Criminal Law Parliament of Australia Library The , the |
Volenti Non Fit Injuria
''Volenti non fit iniuria'' (or ''injuria'') (Latin: "to a willing person, injury is not done") is a Roman legal maxim and common law doctrine which states that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the other party in tort or delict. ''Volenti'' applies only to the risk which a reasonable person would consider them as having assumed by their actions; thus a Boxing, boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. ''Volenti'' is also known as a "voluntary assumption of risk". ''Volenti'' is sometimes described as the plaintiff "consenting to run a risk". In this context, ''volenti'' can be distinguished from legal consent in that the latter can prevent some torts arising in the first ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Virtual Goods
Virtual goods are non-physical objects and money purchased for use in online communities or online games. Digital goods, on the other hand, may be a broader category including digital books, music, and movies. Virtual goods are intangible by definition. Including digital giftsSales of virtual goods boom in US news.bbc.co.uk, 10:32 GMT, Thursday, 22 October 2009 and digital clothing for avatars, virtual goods may be classified as services instead of and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intangible Property
Intangible property, also known as incorporeal property, is something that a person or corporation can have ownership of and can transfer ownership to another person or corporation, but has no physical substance, for example brand identity or knowledge/intellectual property. Description Intangible property generally refers to statutory creations, such as copyright, trademarks, or patents. It excludes tangible property like real property (land, buildings, and fixtures) and personal property (ships, automobiles, tools, etc.). In some jurisdictions, intangible property are referred to as ''choses in action''. Intangible property is used in distinction to tangible property. It is useful to note that there are two forms of intangible property: legal intangible property (which is discussed here) and competitive intangible property (which is the source from which legal intangible property is created but cannot be owned, extinguished, or transferred). Competitive intangible ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intel Logo (1968)
Intel Corporation is an American multinational corporation and technology company headquartered in Santa Clara, California, and incorporated in Delaware. Intel designs, manufactures, and sells computer components such as central processing units (CPUs) and related products for business and consumer markets. It is one of the world's largest semiconductor chip manufacturers by revenue, and ranked in the ''Fortune'' 500 list of the largest United States corporations by revenue for nearly a decade, from 2007 to 2016 fiscal years, until it was removed from the ranking in 2018. In 2020, it was reinstated and ranked 45th, being the 7th-largest technology company in the ranking. It was one of the first companies listed on Nasdaq. Intel supplies microprocessors for most manufacturers of computer systems, and is one of the developers of the x86 series of instruction sets found in most personal computers (PCs). It also manufactures chipsets, network interface controllers, flash me ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
