Category: Legal Resources
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Wrongful injury
Wrongful injury in United States Wrongful injury A synonym for tort which would be understandable by a lay-person. See: tort.
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Wrongful
Wrongful in United States Wrongful See, wrongfulness. Also see: Mathes v. Williams, Tex. Civ.App., 134 S.W.2d 853, 858. County of DuPage v. Kussel, 12 Ill.App.3d 272, 298 N.E.2d 323. 326. Wrongful death cases | fahrlässige Tötung (possibly: Unerlaubte Tötung) Since at common law the […]
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(Who acts contrary to the law will be held responsable for all consequences which follow therefrom)
(Who acts contrary to the law will be held responsable for all consequences which follow therefrom) in United States (Who acts contrary to the law will be held responsable for all consequences which follow therefrom), The latin maxim which describes the principle of consequential damages: […]
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Unlawfulness
Unlawfulness in United States Unlawfulness Quality of being illegal as opposed to immoral. Failure to conduct oneself within the bounds of the law. Wrongfulness is not confined to criminal acts and includes torts. State v. Hailey, 350 Mo. 300, 165 S.W.2d 422, 427. Unlawfulness, knowledge […]
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Unity of injury and damage in the same person
Unity of injury and damage in the same person in United States Unity of injury and damage in the same person Principle of German law, with exceptions, that holds that the injured victim must also be s/he who suffers damages from the victim. It is similar to proximate cause in that it […]
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Trespass to chattels
Trespass to chattels in United States Trespass to chattels Intentional interference with a chattel in possession of another which results in any of the following: Permanent loss of the chattel, or Temporary loss of the chattel but for a long period of time, or Damage to the quality or […]
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Trespass to the person
Trespass to the person in United States Trespass to the person Trespass vi-et-armis also known as trespass force and arms is an archaic form for a claim of battery. It was concurrent form of action to trespass on the case but possibly only because the common law did not allow pleading in […]
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Trespass to land
Trespass to land in United States Trespass to land Trespass is the wrongful entry onto the land of another or causing an object or person to wrongfully enter the land of another or failing to remove an object from the land of another which that person (the defendant) is under a legal duty […]
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Trespass to goods
Trespass to goods in United States Trespass to goods See trespass to chattels
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Toxic torts
Toxic torts in United States Toxic torts Late capitalism features a variety of noxious substances essentially unknown several hundred years ago such as plutonium, PCPs, CFCs, asbestos, defective medicines etc. – the chemical by products of a highly industrialized society. Unfortunately the […]
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Tort-feasor, joint
Tort-feasor, joint in United States Tort-feasor, joint, Concurrent tort-feasor and joint tort-feasor are synonymous. Either term is used to refer to the situation where two or more persons simultaneously injure the same plaintiff or the same plaintiffs. See: joint and several liability, […]
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Tort, Prima Facie
Tort, Prima Facie in United States Tort, Prima Facie, See prima facie tort
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Thin skull rule
Thin skull rule in United States Thin skull rule The principle of the common law that particularly fragile victims of torts shall also be fully compensated for their losses, even where the damages arising out of their predisposing condition were not forseeable to the defendant’s particular […]
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Statutory duty
Statutory duty in United States Statutory duty A legally imposed duty as opposed to a duty at common law. For example physicians may be held statutorily obliged to aid all injured persons due to their specialized skills, competence and character despite the fact that at common law rule is […]
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Standard of Care
Standard of Care in United States Standard of Care See: Negligence, Due Care, Ordinary Negligence, Mere Negligence, Slight Negligence, Recklessness, Willful, Wanton and Indifferent Standard of Proof (onus probandi)| Beweismass The standard of proof in an ordinary trial is by a […]