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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
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tarleton V McGawley
Tarleton is a village and civil parish in the West Lancashire district of Lancashire, England. It is situated approximately north-east of Liverpool and south-west of Preston. The parish includes the village of Mere Brow and the hamlets of Sollom and Holmes, and is an agricultural area. It had a population of 5,959 at the 2021 Census. Tarleton village, Holmes, and the villages of Hesketh Bank and Becconsall to the north form a single built-up area with a population of 8,755. 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 named or gave its name to the early settlement by the reign of Richard II. The manor of Tarleton was part of the Montbegon or Hornby fee and divided into two moieties: two ploughlands were granted ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jesse Dukeminier
Jesse Dukeminier (August 12, 1925 – April 20, 2003) was an American legal scholar. He 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". 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, or UChi) is a Private university, private research university in Chicago, Illinois, United States. Its main campus is in the Hyde Park ... [...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 Popular culture (also called pop culture or mass culture) is generally recognized by members of a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trade Union And Labour Relations (Consolidation) Act 1992
The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) is a UK Act of Parliament (UK), act of Parliament which regulates United Kingdom labour law. The act applies in full in England and Wales and in Scotland, and partially in Northern Ireland. The law contained in the act (TULRCA 1992) has existed in more or less the same form since the Trade Disputes Act 1906. Underneath a mass of detail, four main principles can be found in the main parts of the act. The act's effect is to *define trade unions and state they are the subjects of legal rights and duties *protect the right of workers to organise into, or leave, a union without suffering discrimination or detriment *provide a framework for a union to engage in collective bargaining for better workplace or business standards with employers *protect the right of workers in a union to take action, including strike action and industrial action short of a strike, to support and defend their interests, when reasonable not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strike Action
Strike action, also called labor strike, labour strike in British English, or simply strike, is a work stoppage caused by the mass refusal of employees to Working class, work. A strike usually takes place in response to 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 the r ... [...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 and Wales, Lord Chief Justice of England from 17 April 1689 to his death. He is frequently credited with playing a major role in ending the Witch trials in England, prosecution of witches in English law. Biography Holt was born in Abingdon, Oxfordshire, Abingdon in Berkshire (now Oxfordshire), the son of Sir Thomas Holt (Serjeant-at-Law), 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 (England), Free School in Abingdon (now Abingdon School) from 1652 to 1658, Gray's Inn and Oriel College, Oxford. He purchased Redgrave, Suffolk, Redgrave Manor in Suffolk, which had been the seat of the Bacon baronets, Bacon family in 1702, when debts forced the fifth baronet, Sir Robert Bacon, 5th Baronet, Sir Robert Bacon, to sell the estate. A letter in the Bodleian Lib ... [...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. 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 trespass. ... [...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 report ... [...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 English tort law, 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 Sir John Holt, Chief Justice Holt sustained the cause of action, 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 K ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Battery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating reasonable fear or apprehension of such contact. Battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person. Battery is defined by American common law as "any unlawful and/or unwanted touching of the person of another by the aggressor, or by a substance put in motion by them". In more severe cases, and for all types in some jurisdictions, it is chiefly defined by statutory wording. Assessment of the severity of a battery is determined by local law. Generally Specific rules regarding battery vary among different jurisdictions, but some elements remain constant across jurisdictions. Battery generally requires that: # an offensive touch or contact is made upon the victim, instigated by the actor; and # the actor intends or knows that their action will cause the offen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
