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Malicious Falsehood
Malicious falsehood or injurious falsehood is a tort. It is a lie that was uttered with malice, that is, the utterer knew it was false or would cause damage or harm. Malicious falsehood is a false statement made maliciously that causes damage to the claimant. Malicious in this case means the defendant either knew the statement was not true or did not take proper care to check. It is often covered under laws regarding defamation. England and Wales Proof of special damage Section 3(1) of the Defamation Act 1952 reads: This implements a recommendation of the Porter Committee For the purposes of section 3 of the Defamation Act 1952, the publication of words (including pictures, visual images, gestures and other methods of signifying meaning) in the course of a performance of a play is, subject to section 7 of the Theatres Act 1968, treated as publication in permanent form.The Theatres Act 1968section 4/ref> Limitation Sesection 4A(b)of the Limitation Act 1980. Northern Ireland S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malice (law)
Malice is a law, legal term which refers to a party's intent (law), intention to do injury to another party. Malice is either ''expressed'' or ''implied''. For example, malice is expressed when there is manifested a deliberate intention to unlawfully take away the life of a human being. Malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. Malice, in a legal sense, may be inferred from the evidence and imputation (law), imputed to the defendant, depending on the nature of the case. In many kinds of cases, malice must be found to exist in order to convict. (For example, malice is an element of the crime of arson in many jurisdictions.) In civil law (common law), civil law cases, a finding of malice allows for the award of greater damages, or for punitive damages. The legal concept of malice is most common in Anglo-American law, and in legal systems derived from the English common law syst ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defamation
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Histo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defamation Act 1952
The Defamation Act 1952 (15 & 16 Geo 6 & 1 Eliz 2 c 66) is an Act of the Parliament of the United Kingdom. This Act implemented recommendations contained in the Report of the Porter Committee. The recommendation made by the Committee in relation to the rule in ''Smith v Streatfield'' was not implemented. Section 3 - Slander of title, etc See Malicious falsehood#England and Wales and Verbal injury. Section 5 - Justification :''See English defamation law#Justification'' This section was repealed by the Defamation Act 2013. Section 15 - Legislative powers of Parliament of Northern Ireland This section was repealed by Part I oSchedule 6to the Northern Ireland Constitution Act 1973. This section extended to Northern Ireland in addition to the other places to which this Act extended. This section provided that no limitation on the powers of the Parliament of Northern Ireland imposed by the Government of Ireland Act 1920 precluded that Parliament from making laws for purposes si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Slander Of Title
In law, slander of title is normally a claim involving real estate in which one entity publishes a false statement that disparages or clouds another entity's title to property, causing a financial loss. Alternatively, it is casting aspersion on someone else's property, business or goods, e.g., claiming a house is infested with termites (when it is not), or falsely claiming ownership of another's copyright (what allegedly occurred in the ''SCO v. Novell'' case). Slander of title is a form of jactitation. Slander of title is one of the "specialized" common law intentional torts. The State of California has adopted the definition of slander of title set forth in section 624 of the ''Restatement of Torts'' as follows: "One who, without a privilege to do so, publishes matter which is untrue and disparaging to another's property in land, chattels or intangible things under such circumstances as would lead a reasonable man to foresee that the conduct of a third person as purchaser or less ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Special Damage
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] |
Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legislation
Legislation is the process or result of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating laws by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law it may be known as a bill (proposed law), bill, and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare, or to restrict. It may be contrasted with a non-legislative act by an Executive (government), executive or administrative body under the authority of a legislative act. Overview Legislation is usually proposed by a member of the legislature (e.g. a member of Congress or Parliament), or by the executive, whereupon it is debated by members of the legislature and is often amended before passage (legislature), passage. Most large legislatures enact ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Command Paper
A command paper is a document issued by the UK Government and presented to Parliament. White papers, green papers, treaties, government responses, draft bills, reports from Royal Commissions, reports from independent inquiries and various government organisations can be released as command papers, so called because they are presented to Parliament formally "By His Majesty's Command". Dissemination Command papers are: * produced by government departments * printed on behalf of His Majesty's Stationery Office * presented to Parliament "by Command of His Majesty" by the appropriate government minister * recorded by the House of Commons and the House of Lords * published by government departments on gov.uk * subject to statutory legal deposit Numbering Command papers are numbered. Since 1870 they have been prefixed with an abbreviation of "command" which has changed over time to allow for new sequences. See also *Office of Public Sector Information The Office of Public Sector ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theatres Act 1968
The Theatres Act 1968 abolished censorship of the stage in the United Kingdom, receiving royal assent on 26 July 1968, after passing both Houses of Parliament. www.legislation.gov.uk Since 1737, scripts had been licensed for performance by the (under the , a continuation of the ) a measure initially introduced to protect |
Limitation Act 1980
The Limitation Act 1980 (c. 58) is an Act of the Parliament of the United Kingdom applicable only to England and Wales. It is a statute of limitations which provides timescales within which action may be taken (by issuing a claim form) for breaches of the law. For example, it provides that breaches of an ordinary contract are actionable for six years after the eventLimitation Act 1980s. 5. whereas breaches of a deed are actionable for twelve years after the event.Limitation Act 1980s. 8. In most cases, after the expiry of the time periods specified in the Act the remedies available for breaches are extinguished and no action may be taken in the courts in respect of those breaches. Summary of time limits The ordinary time limits allowed by the act are set out below. These limits may, in some cases, be extended or altered. Most of the time limits run from the day after the accrual of action, which is "the earliest time at which an action could be brought". If the potential clai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defamation Act (Northern Ireland) 1955
The Defamation Act (Northern Ireland) 1955 (c. 11) (N.I.) is an Act of the Parliament of Northern Ireland. This Act makes similar provision for Northern Ireland as the Defamation Act 1952 which applies only to England, Wales and Scotland. The power of the Northern Ireland parliament to make laws for purposes similar to the purposes of the 1952 Act derived from Section 15 of that law. Section 1 This section was repealed by the Broadcasting Act 1990. Section 3 - Slander of title, etc See Malicious falsehood. Section 4 - Unintentional defamation This section was repealed by the Defamation Act 1996. Section 7 - Qualified privilege of newspapers This section was repealed by the Defamation Act 1996. Section 8 - Extent of Law of Libel Amendment Act 1888 s.3 This section was repealed by the Defamation Act 1996. Section 9 - Extension of certain defences to broadcasting Sections 9(2) and (3) were repealed by the Defamation Act 1996. See also *Defamation Act Defamation Act (with ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
