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Tortious Interference
Tortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when one person intentionally damages someone else's contractual or business relationships with a third party, causing economic harm. As an example, someone could use blackmail to induce a contractor into breaking a contract; they could threaten a supplier to prevent them from supplying goods or services to another party; or they could obstruct someone's ability to honor a contract with a client by deliberately refusing to deliver necessary goods. A tort of negligent interference occurs when one party's negligence damages the contractual or business relationship between others, causing economic harm, such as, by blocking a waterway or causing a blackout that prevents the utility company from being able to uphold its existing contracts with consumers. Description Tortious interference with contract rights Tortious interference with contract rights can ... [...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] |
Tarleton V McGawley
Tarleton is a village and civil parish in the borough of West Lancashire, Lancashire, England. It situated in the Lancashire mosslands approximately 10 miles north east of Southport, approximately 10 miles south west of Preston, approximately 10 miles west of the (formerly mining and cotton milling) town of Chorley, and approximately 10 miles north of Ormskirk. The village is known for farming due to its rich soil quality. The River Douglas runs northwards to the east of the village, which is locally thought to be where the Vikings camped on the river banks of what is now Tarleton. The parish also includes the village of Mere Brow and the hamlets of Sollom and Holmes. History Tarleton is derived from the Old Norse ''Tharaldr'', a personal name and the Old English ''tun'', a farmstead or enclosure. The township was recorded as Tharilton in 1246 and subsequently Tarleton. Tarleton is mentioned in the Feet of Fines in 1298. A local family with the Tarleton name either was na ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jesse Dukeminier
Jesse Dukeminier (August 12, 1925 – April 20, 2003) was a professor of law for 40 years at the University of California, Los Angeles, and authored or co-authored a significant number of articles and textbooks in the areas of property law, wills, trusts, and estates. Dukeminier's ''Trusts and Estates'' textbook has been described as "widely used and nationally recognized". Updates are still being produced to the text, with the Dukeminier name, alongside coauthors, remaining on the work. Dukeminier was born in West Point, Mississippi in 1925 and received a bachelor's degree from Harvard University in 1948, and his Juris Doctor from Yale in 1951 before briefly entering the practice of law with a Wall Street law firm. He then taught law at the University of Kentucky College of Law and the University of Minnesota Law School, and visited at Harvard and the University of Chicago The University of Chicago (UChicago, Chicago, U of C, or UChi) is a private research university in Chi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alienation Of Affections
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] |
Contorts
Contorts (arguably) is a portmanteau, or a combination of " contracts" and "torts" originated by Grant Gilmore in his book '' The Death of Contract''. The generally informal termLegal disputes are not formally or officially referred to as "founded in" or "actions" in contorts or contorts law. refers to the continual or persistent "tortification" of contract law. In other words, in recent years, principles from tort law increasingly have been applied to contract disputes and incorporated into the general body of contract law. The basis for "contorts" includes the widespread application of promissory estoppel (as a substitute for consideration) and the awarding of punitive damages in breach of contract claims. At least in certain aspects, strict and rigid conceptions of contract law and contractual relationships have thus been eroded or deemphasized in common law and popular culture. Alternatively, "contorts" may simply refer to a fusion of contracts and torts law, rather than a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strike Action
Strike action, also called labor strike, labour strike, or simply strike, is a work stoppage caused by the mass refusal of employees to Labor (economics), work. A strike usually takes place in response to grievance (labour), employee grievances. Strikes became common during the Industrial Revolution, when Labour economics, mass labor became important in factories and mines. As striking became a more common practice, governments were often pushed to act (either by private business or by union workers). When government intervention occurred, it was rarely neutral or amicable. Early strikes were often deemed unlawful conspiracies or anti-competitive cartel action and many were subject to massive legal repression by state police, federal military power, and federal courts. Many Western nations legalized striking under certain conditions in the late 19th and early 20th centuries. Strikes are sometimes used to pressure governments to change policies. Occasionally, strikes destabilize ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Holt (judge)
Sir John Holt (23 December 1642 – 5 March 1710) was an English lawyer who served as Lord Chief Justice of England from 17 April 1689 to his death. He is frequently credited with playing a major role in ending the prosecution of witches in English law. Biography Holt was born in Abingdon in Berkshire (now Oxfordshire), the son of Sir Thomas Holt, MP for that town, and his wife, Susan, the daughter of John Peacock of Chieveley, also in Berkshire. He was educated at John Roysse's Free School in Abingdon (now Abingdon School) from 1652 to 1658, Gray's Inn and Oriel College, Oxford. He purchased Redgrave Manor in Suffolk, which had been the seat of the Bacon family in 1702, when debts forced the fifth baronet, Sir Robert Bacon, to sell the estate. A letter in the Bodleian Library reads: "The celebrated Dr Radcliffe, the physician ... took special pains to preserve the life of LCJ Holt's wife, whom he attended out of spite to her husband, who wished her dead." Sir John Holt's ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trespass On The Case
The writs of trespass and trespass on the case are the two catchall torts from English common law, the former involving trespass against the person, the latter involving trespass against anything else which may be actionable. The writ is also known in modern times as action on the case and can be sought for any action that may be considered as a tort but is yet to be an established category. The emergence of the writ of trespass Trespass and trespass on the case, or "case", began as personal remedies in the royal courts in London in the 13th century. These early forms of trespass reflected a wide range of wrongs. In 1278, however, the Statute of Gloucester was passed. This limited actions in the royal courts to property damage worth above 40 shillings, maims, beatings or wounds. Soon after this Statute was passed, writs of Trespass appeared in a stereotyped form alleging "force and arms", or "''vi et armis''". Trespass writs alleging force and arms became known simply as trespas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Citation
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Keeble V Hickeringill
''Keeble v Hickeringill'' (1707) 103 ER 1127 is a famous English property law and tort law case about rights to wild animals. Facts Samuel Keeble (the plaintiff) owned property called Minott's Meadow, which contained a pond outfitted with nets and channels in a manner used to catch large numbers of commercially viable ducks. This type of pond served as a sort of "duck trap" and was known as a decoy. Tame ducks were used to lure their wild counterparts into the decoy. On three occasions, defendant Edmund Hickeringill, while on his own land, discharged firearms toward Keeble's pond in order to scare away the ducks. Judgment Chief Justice Holt sustained the action of trespass on the case, because every person has the right to put his property to use for his own pleasure and profit. If Hickeringill had built a decoy on his own land near Keeble's meadow to draw away ducks (which, in fact, he had done previous to the construction of Keeble's own decoy and may have lent some cause as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Garret V Taylor
A garret is a habitable attic, a living space at the top of a house or larger residential building, traditionally, small, dismal, and cramped, with sloping ceilings. In the days before elevators this was the least prestigious position in a building, at the very top of the stairs. Etymology The word entered Middle English through Old French with a military connotation of watchtower, garrison or billet a place for guards or soldiers to be quartered in a house. Like garrison, it comes from an Old French word of ultimately Germanic origin meaning "to provide" or "defend". History In the later 1800s, garrets became one of the defining features of Second Empire architecture in Paris, France, where large buildings were stratified socially between different floors. As the number of stairs to climb increased, the social status decreased. Garrets were often internal elements of the mansard roof, with skylights or dormer windows. A "bow garret" is a two-story "outhouse" situa ... [...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] |
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