Executor De Son Tort - Law Dictionary Search Results
cause
which was the of the plaintiff's injury] NOTE: The cause of an injury must be proven in both tort and criminal cases. actual cause : cause in fact in this entry but-for cause : cause in fact … The circumstances under which cause, good cause, just cause, probable cause, reasonable cause, or sufficient cause exists are determined on a case by case basis. These terms are often used interchangeably, and the distinctions between them are
Feres doctrine
Feres v. United States, 340 U.S. 135 (1950), the case which established the doctrine] : a doctrine in tort law: a member of the military is barred from recovering damages from the government under the Federal Tort
Delictum
Delictum, challenge propter. See CHALLENGE. A delict, tort, wrong, injury or offence. Actions ex facie are such as are
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Obligation
to legal duties arising out of special personal relationship existing, whether by reason of a contract or a tort, or otherwise between two or more individual persons, State of West Bengal v. Iswar Damodar Jew, AIR 1976 … a certain time, or for the performance of a covenant, etc.; also foreign government and other bonds and debentures. In Bhudeb Mookerjee v. Kalachand Malik, 34 Cal LJ 315: AIR 1921 Cal 129, that the word obligation
tortfeasor
from fais-, stem of faire to do, make, from Latin facere] : a person who commits a tort, delict, or quasi-offense
Passing off
for himself in a particular trade or business. The action is regarded as an action for deceit. The tort of passing-off involves a misrepresentation made by a trader to his prospective customers calculated to injure, as a … Passing off, in action for passing off pray of actual deception is not necessary two marks bear an ovrall similarity as would be likely to mislead a person usually
Actio personalis moritur cum persona.
is gone' (Noy, 9th Edn., p. 20). This maxim states the general rule that actions of tort are destroyed by death of either the injured or the injuring party. Besides the statutory exceptions mentioned below, an action
Battery
Police Commissioner, (1969) 1 QB 439; Freeman v. Home Office, (1984) QB 524. Means a crime and a tort involving the actual, intended (or negligent) and direct use of unlawful physical force on a person without his … of another's person or clothes, in an angry, revengeful, rude, insolent, or hostile manner. It is a good defence to prove that the alleged battery happened by misadventure, or that it was merely an amicable contest, or
malicious prosecution
malicious prosecution : the tort of initiating a criminal prosecution or civil suit against another party with malice and without probable cause ;also
dangerous instrument
manner in which it is used called also dangerous instrumentality NOTE: An object is more likely to be deemed a dangerous instrument on the basis of how it is used in criminal cases than in tort cases.
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