Category: Legal Resources

  • Libel Per Se

    Libel Per Se in United States Libel Per Se  One need not prove damages in cases of libel per se. Falsely accusing another of being stricken by a loathesome disease, of sexual immorality, of professional incompetence, or having committed a crime Robinson v. Nationwide Ins. Co., 273 N.C. […]

  • Proportional liability

    Proportional liability in United States Proportional liability  At common law the all-or-nothing rule (q.v.) required that a plaintiff have either a full recovery against defendant or none at all. This was seen to have led to substantive injustice in that somewhat negligent defendants would […]

  • Insurance, liability

    Insurance, liability in United States Insurance, liability,  See insurance

  • Legal Cause

    Legal Cause in United States Legal Cause  Causation in tort is divided between factual cause, i.e. those necessary causes but for which the tort would not have occurred, and proximate or legal cause, which concerns those causes which were not only necessary but sufficient (or sometimes […]

  • International humanitarian law

    International humanitarian law in the United States Protocols I and II Additional to the Geneva Conventions of 12.08.1949, and relating to the Protection of Victims Of International Armed Conflicts 8.6.1977 Convention on the Prohibition of Military or Any Other Hostile Use of Environmental […]

  • Intentional Interference with Contract

    Intentional Interference with Contract in United States Intentional Interference with Contract  The tort of intentional interference with contract grew out of the tort of ‘inducing breach of contract.” (Seaman’s Direct Buying Service Inc. v.Standard Oil Co. (1984) 36 Cal.3d 752, 765.) and […]

  • Intentional Interference With Prospective Economic Advantage

    Intentional Interference With Prospective Economic Advantage in United States Intentional Interference With Prospective Economic Advantage  This tort protects the relationship of trust and confidence between two persons as regards a third person. To prove a tort of intentional interference […]

  • Imputation

    Imputation in United States Imputation  The determination of a legal duty or right to a person. The imputation may occur through implication or through legal fiction, i.e. a constructive duty or right.

  • Official Immunity

    Official Immunity in United States Official Immunity  Discretionary immunity from personal liability that is granted to public officers for tortious acts and omissions

  • Discretionary Immunity

    Discretionary Immunity in United States Discretionary Immunity  Qualified immunity from civil liability for tortious acts or omissions that arise from a government employee’s discretionary acts performed as part of their duties

  • Corporate Immunity

    Corporate Immunity in United States Corporate Immunity  Immunity from liability in tort granted to an officer of a corporation who acted in good faith within the scope of their duties.

  • Charitable Immunity

    Charitable Immunity in United States Charitable Immunity  Immunity from civil liability and particularly as regards negligent torts that is granted to a charitable or nonprofit organization such as a hospital.

  • Absolute Immunity

    Absolute Immunity in United States Absolute Immunity  Absolute immunity is unconditional immunity from all personal civil liability, e.g. diplomatic immunity.

  • Qualified Immunity

    Qualified Immunity in United States Qualified Immunity  Qualified immunity protects government officials from personal liability for the torts they commit in the service of the government. It protects them “from liability for civil damages insofar as their conduct does not violate clearly […]

  • Honour, Reputation

    Honour, Reputation in United States Honour, Reputation,  The moral right of a person to be held in good esteem by the community until their comportment prooves that they are in fact otherwise.