Tort - Law Dictionary Search Results
Home Dictionary Name: tort Page: 10 Page 10 of about 7,721 results (0.009 seconds)Imminently dangerous
Imminently dangerous, (of a person, behaviour, or thing) reasonably certain to place life and limb in peril. This term is relevant in several legal contexts. For example, if a mental condition renders a person imminently dangerous to self or others, he or she may be committed to a mental hospital. And the imminently dangerous behaviour of pointing a gun at someone's head could subject the actor to criminal and tort liability, Black's Law Dictionary, 7th Edn., p. 752....
slander
slander : to utter slander against slan·der·er n n [Anglo-French esclandre, from Old French escandle esclandre scandal, from Late Latin scandalum moral stumbling block, disgrace, from Greek skandalon, literally, snare, trap] 1 : defamation of a person by unprivileged oral communication made to a third party ;also : defamatory oral statements 2 : the tort of oral defamation [sued his former employer for ] compare defamation, false light, libel NOTE: An action for slander may be brought without alleging and proving special damages if the statements in question have a plainly harmful character, as by imputing to the plaintiff criminal guilt, serious sexual misconduct, or conduct or a characteristic affecting his or her business or profession. slan·der·ous [slan-də-rəs] adj slan·der·ous·ly adv slan·der·ous·ness n ...
Misfeasance and non-feasance
Misfeasance and non-feasance, there is a distinction between misfeasance (positive action) and non-feasance (omission). Misfeasance is wilful, reckless or heedless conduct in commission of a positive act lawfully done but with improper conduct. Non-feasance means non-performance of some act which ought to be performed or omission to perform required duty or total neglect of duty. In the case of misfeasance, the defendant is the author of the source of danger to cause damage due to careless conduct, to the person/property of plaintiff. He has knowledge that the act may give rise to tort but in the case of non-feasance several factors require consideration for giving rise to actionable negligence, Rajkot Municipal Corporation v. Manjulaben Jayantilal Nakum, (1997) 9 SCC 552 (582)...
Detinue
Detinue, an action by a plaintiff who seeks to recover the goods in specie, or on failure thereof the value and also damages for the detention. The grounds of the action are: (1) a property in the plaintiff, either absolute or special (at the time of action brought) in personal goods, which are capable of being ascertained; (2) a possession in the defendant by bailment, finding, etc.; (3) an unjust detention on the part of the defendant.The form of action of detinue was abolished by the Judicature Acts, but an action brought for the return of a specific chattel is still called an action of detinue. The vexed question as to whether detinue is or was founded on tort or contract is now only of importance in relation to costs, Bryant v. Herbert, (1878) 3 CPD 389] and in bankruptcy.As to the actual recovery of a chattel detained, see R. S.C. 1883, O. XLVIII., taken from (English) C.L.P. Act, 1852, s. 78, by which a writ of delivery may be issued ordering the sheriff to distrain upon the def...
Allegans contraria non est audiendus
Allegans contraria non est audiendus, a party is not to be heard to allege the contrary, B. L. Sreedhar v. K. M. Munireddy (2003) 2 SCC 355 (363).Jenk. Cent. 16.--(A person making contradictory allegations is not to be heard.) See Broom's Legal Maxims, and Buckland v. Johnson, (1854) 23 LJ CP 204, where it was held that a plaintiff having sued one of two joint feasors in tort could not afterwards sue the other for money had and received. See also ELECTION....
no-eyewitness rule
no-eyewitness rule : a rule in tort law: in the absence of testimony by eyewitnesses a jury may assume that a person has exercised reasonable care to preserve his or her own safety used esp. in Iowa ...
long-arm statute
long-arm statute : a state statute allowing for the assertion of personal jurisdiction over a nonresident defendant who has some connection (as ownership or use of property, transaction of business, or commission of a tort) with the state called also single-act statute see also doing business statute, minimum contacts ...
invasion of privacy
invasion of privacy :the tort of unjustifiably intruding upon another's right to privacy by appropriating his or her name or likeness, by unreasonably interfering with his or her seclusion, by publicizing information about his or her private affairs that a reasonable person would find objectionable and in which there is no legitimate public interest, or by publicizing information that unreasonably places him or her in a false light see also privacy compare right of privacy, zone of privacy ...
extort
extort [Latin extortus, past participle of extorquere to remove by twisting, obtain by force, from ex- out + torquere to twist] : to obtain (as money) from a person by force, intimidation, or undue or unlawful use of authority or power ex·tort·er n ex·tor·tive [-stȯr-tiv] adj ...
abduction
abduction 1 a : the action of abducting [ of a robbery victim] b : the tort or felony of abducting a person 2 : the unlawful carrying away of a wife or female child or ward for the purpose of marriage or sexual intercourse NOTE: Sense 2 has its roots in common law. As statutorily defined, mainly in the nineteenth century, abduction is generally stated to include taking away or detention of a woman under a certain age, usually 16 or 18, with or without her consent or knowledge of her age. ...
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