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Heart Balm
In the common law tradition, a heartbalm tort or heartbalm action is a civil action that a person may bring to seek monetary compensation for the end or disruption of a romantic or marital relationship. A heartbalm statute is a statute forbidding such actions. Heartbalm actions in the United States typically include seduction, criminal conversation, alienation of affection, and breach of promise to marry. Of these, criminal conversation and alienation of affection are marital torts, originally restricted to husbands but in many states later made available to spouses regardless of gender. Seduction and breach of promise are nonmarital torts. In England and other common law jurisdictions, additional heartbalm actions were traditionally recognized, such as enticement and wrongful harbouring (tortious refusal to allow a husband to visit a wife who has left him). A claim for damages based on loss of consortium is also sometimes considered a heartbalm action in England and elsewhere. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crim
Crim may refer to: *CRIM, the revenue service of the municipalities of Puerto Rico * Crim (surname) * Crim Festival of Races, a set of races including 'The Crim' held in August * A character from .Hack//Sign See also * *''Crims'', a British comedy television series *Krim (other) *Crime (other) A crime is an act that violates the law, though the word sometimes describes Anti-social behavior, anti-social behaviors outside of a legal context. Crime, Crimes, or The Crime may also refer to: Geography *Crime Lake, a lake in Greater Manchest ... * Criminal (other) {{Disambig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Seduction (tort)
The tort of seduction was a civil wrong or tort in common law legal systems, and still exists in some jurisdictions. Originally, it allowed an unmarried woman's father - or other person employing her services - to sue for the loss of these services, when she became pregnant and could no longer perform them. Over time, the tort was altered, so that instead, it would be used by an unmarried woman to sue on the grounds of seduction to obtain damages from her seducer, if her consent to sex was based upon his misrepresentation. Breach of promise was a similar, but not identical, tort that was used frequently in similar situations in the past, but has now been abolished in most jurisdictions. Legal basis Initially, the tort of seduction was a remedy for a father's property interest in his daughter's chastity. However, the damages to which the father would be entitled were based on the father's loss of the working services of a daughter, much as a master could sue if a third-party ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Conversation
At common law, criminal conversation, often abbreviated as ''crim. con.'', is a tort arising from adultery. "Conversation" is an old euphemism for sexual intercourse that is obsolete except as part of this term. It is similar to breach of promise, a tort involving a broken engagement against the betrothed, and alienation of affections, a tort action brought by a spouse against a third party, who interfered with the marriage relationship. These torts have been abolished in most jurisdictions. The tort of criminal conversation was abolished in England and Wales in 1857; in Northern Ireland in 1939; in Australia in 1975; and in the Republic of Ireland in 1981. Prior to its abolition, a husband could sue any man who had intercourse with his wife, regardless of whether she consented – unless the couple was already separated, in which case the husband could only sue if the separation was caused by the person he was suing. Criminal conversation still exists in parts of the Unit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alienation Of Affection
Alienation of affections is a common law tort, abolished in many jurisdictions. Where it still exists, an action is brought by a spouse against a third party alleged to be responsible for damaging the marriage, most often resulting in divorce. The defendant in an alienation of affections suit is typically an adulterous spouse's lover, although family members, counselors, and therapists or clergy members who have advised a spouse to seek divorce have also been sued for alienation of affections. The tort of alienation of affections often overlaps with another "heart balm" tort: criminal conversation. Alienation of affections has most in common with the tort of tortious interference, where a third party can be held liable for interfering with the contractual relationship between two parties. Legal requirements An action for alienation of affection does not require proof of extramarital sex. An alienation claim is difficult to establish because it comprises several elements and ther ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breach Of Promise
Breach of promise is a common law tort, abolished in many jurisdictions. It was also called breach of contract to marry,N.Y. Civil Rights Act article 8, §§ 80-A to 84. and the remedy awarded was known as heart balm. From at least the Middle Ages until the early 20th century, a man's promise of engagement to marry a woman was considered, in many jurisdictions, a legally binding contract. If the man were to subsequently change his mind, he would be said to be in "breach" of this promise and subject to litigation for damages. The converse of this was seldom true; the concept that "it's a woman's prerogative to change her mind" had at least some basis in law (though a woman might pay a high social price for exercising this privilege)—and unless an actual dowry of money or property had changed hands or the woman could be shown to have become engaged to a man only to enable her use of his money, a man was only rarely able to recover in a "breach of promise" suit against a woman ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Enticement (tort)
''Enticement'' is a 1925 American silent drama film directed by George Archainbaud and starring Mary Astor, Clive Brook, and Ian Keith. Plot As described in a review in a film magazine, Leonore Bewlay (Astor), recently grown into womanhood, while in Switzerland meets a childhood friend, Richard Valyran (Keith), who has become an opera singer. When she is injured, she is shocked into a bewilderment of panic and flees when, as he undresses her to assist, he also kisses her. She marries Henry Wallis (Brook), a devout Englishman, but is disliked by his relatives. Val's wife names Leonore as a correspondent in her divorce suit and Henry loses faith in her. She goes to Val, who still loves her, but he refuses her when he learns that she still loves Henry. In order to free her from any notoriety, Val kills himself. Henry, awed by this sacrifice, takes Leonore back and they find happiness together. Cast Preservation With no prints of ''Enticement'' located in any film archives, it is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Loss Of Consortium
Loss of consortium is a term used in the law of torts that refers to the deprivation of the benefits of a family relationship due to injuries caused by a tortfeasor. In this context, the word ''consortium'' means "(the right of) association and fellowship between two married people". Damages may be claimed under three theories: incurred medical costs or those yet to be incurred by the plaintiff, the loss of an injured spouse's services, and loss of society (within certain parameters). The common law rule of consortium has been amended or abolished by statute in many jurisdictions. The availability of loss of consortium differs drastically among common law jurisdictions and does not exist at all in several of them. Damages for loss of consortium are considered separately from, and are not to be confused with compensatory damages. Terminology and theory The action was originally expressed in the Latin phrase "per quod servitium et consortium amisit" ("in consequence of which he lost ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Blackmail
Blackmail is an act of coercion using the threat of revealing or publicizing either substantially true or false information about a person or people unless certain demands are met. It is often damaging information, and it may be revealed to family members or associates rather than to the general public. These acts can also involve using threats of physical, mental or emotional harm, or of criminal prosecution, against the victim or someone close to the victim. It is normally carried out for personal gain, most commonly of position, money, or property. Blackmail may also be considered a form of extortion. Although the two are generally synonymous, extortion is the taking of personal property by threat of future harm. Blackmail is the use of threat to prevent another from engaging in a lawful occupation and writing libelous letters or letters that provoke a breach of the peace, as well as use of intimidation for purposes of collecting an unpaid debt. In many jurisdictions, bla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Extortion
Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offence; the bulk of this article deals with such cases. Robbery is the simplest and most common form of extortion, although making unfounded threats in order to obtain an unfair business advantage is also a form of extortion. Extortion is sometimes called the "protection racket" because the racketeers often phrase their demands as payment for "protection" from (real or hypothetical) threats from unspecified other parties; though often, and almost always, such "protection" is simply abstinence of harm from the same party, and such is implied in the "protection" offer. Extortion is commonly practiced by organized crime. In some jurisdictions, actually obtaining the benefit is not required to commit the offense, and making a threat of violence which refers to a requirement of a payment of money or property to halt future violence is sufficient to commit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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