A general term for any injustice or harm that a person causes to the body, rights, reputation or property of another person. Any interference with a person`s legally protected interests. Abogado.com The #1 Spanish Legal Site for Consumers An accidental injury is an unintentional injury to the body. For the purposes of the Workers` Compensation Act, it is an injury that occurs during the course of employment. An injured person may be able to obtain compensation from the person who harmed them, as the law attempts to provide a remedy for any harm. The FindLaw Legal Dictionary – free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. Damage, injury and damage means an act that causes loss or pain. Evil can be used by anything that causes suffering or loss.
The frost caused great damage to crops. Injuries are likely to be used by something that results in loss of health or success. She sustained an eye injury. Damage focuses on the notion of loss (as a value or ability). The fire caused extensive damage to the furniture. FindLaw.com Free and reliable legal information for consumers and legal professionals n. the type of damage that no amount of financial compensation can cure or restore the conditions to what they were, such as cutting shade trees, polluting a watercourse, not administering the necessary medication to a child, not supporting an excavation that could cause the collapse of a building, the demolition of a structure or various other acts or omissions. This term should be used to require a judge to order an injunction, pleading, injunction or other form of legal assistance, commonly referred to as equitable relief.
Such a remedy is an affirmative action court order, such as prohibiting pollution or requiring a bracket for a defective wall. n. any harm caused to one person by the acts or omissions of another. Injuries may include bodily injury as well as injury to reputation or dignity, loss of title or breach of contract. If the party who caused the damage was intentional (intentionally caused) or negligent, he is liable (liable) to pay compensation for the damage caused. Theoretically, possible or lasting harm can be avoided by a court order in response to an application for an interim injunction. (See: damages, negligence, omission, omission) Are you a lawyer? Visit our professional website » VIOLATION, Civil Law, In the technical sense of the term, it is a crime committed in contempt or indignation of everyone, whether it is his body, his dignity or his reputation. maliciously injured. Voet, Com.
ad Pand. free. 47, T. 10, No. 1. (2) Injuries may be divided into two categories according to the means employed by the perpetrator, namely words and deeds. The former are called verbal injuries, the latter real. 3. A verbal violation, when directed against an individual, consists of uttering contradictory words that tend to expose his character by making him small or ridiculous. If offensive words are spoken in time with an argument and spoken in front of the person, the law does not presuppose malicious intent on the part of the stranger, whose resentment usually diminishes with his passion; And yet, even then, the truth of hurtful words rarely completely absolves us of punishment. When hurtful expressions tend to blacken a person`s moral character or impose on him a particular guilt, and are deliberately repeated in various societies or whistled in whispers at confidants, then they become the crime of defamation, in accordance with the distinction of Roman law, 1.15, § 12, de jur.
4. A violation is caused by any fact that affects the honour or dignity of a person; such as hitting one with a stick or even aiming at a punch without hitting; spitting in the face; assuming a coat of arms or other distinctive sign specific to another, &c. Defamatory slanders of this kind can be expected to be written and published. Ersk. Pr. L. Scot. 4, 4, 45. VERLETZUNG. An injustice or a crime.
Violations are divided into public and private; And they influence them. Person, personal property or real estate. 3.-1. They affect the person in an absolute or relative way. Absolute wounds are, threats and threats, attacks, batteries, injuries, chaos; Injury to health, harassment or medical malpractice. Those that tarnish reputation are verbal slander, slander and malicious law enforcement; And those that affect individual freedom are false incarceration and malicious law enforcement. Relative violations are those that violate the husband`s rights; These include the abduction or harbouring of the woman, adultery and assault that affects the rights of a parent, such as abduction, seduction or assault of a child; and a master, the seduction, shelter and battery of his apprentice or servant. Those that come into conflict with the rights of inferior parents, i.e.
wife, child, apprentice or servant, are the denial of marital rights, alimony, wages &c. 4.-2. Violations of personal property are the unlawful removal and possession of personal property by the owner; and other violations are damages affecting the same person in the possession of the plaintiff or a third party, or violations of his or her interests in recidivism. 5.-3. Property violations are, moving, trespassing, waste, rent deduction, right of way disturbance, etc. 6. Injuries occur in three ways. 1. By non-performance or inaction, which was a legal obligation, or. obligation or contract. 2.
Breach or improper performance of an act which the party or his contract was obliged to perform. 3. Fault or unjust performance of an act to which the party had no right or from which he had undertaken to refrain. 7. The remedies are different because the violation affects individuals or the public. 1. If the violations concern a private right and an individual, although they often also affect the public, there are three descriptions of remedies: 1. Preventive remedies, such as defence, resistance, relegend, elimination of harassment, guarantee of peace, injunction, etc. 2d. remedies for compensation, which may be made by arbitration, suit, suit or summary proceeding before a justice of the peace.3d. Sanction proceedings, such as indictment, or summary proceedings before a judge.
2. If the violation is such as to affect the public, it becomes a crime, misdemeanour or criminal offence, and the party may be punished for the public violation by indictment or summary conviction; and by civil action on the action of the party, for private injustice. However, in cases of criminal offences, the appeal is usually suspended by the institution of an action for private damage until the party particularly injured has fulfilled its duty to the public by prosecuting the offender for the public offence; And in cases of murder, the remedy is fused with the crime. 1 puppy. Pr. 10; Ayl. Pand. 592.
See 1 Miles` Rep. 316, 17; and Civil Remedies section. 8. There are many violations for which the law does not provide for a remedy. In general, he intervenes only when a visible bodily injury has occurred by force or poison, while leaving almost completely unprotected the whole class of the most vicious mental injuries and suffering, unless, in a few cases he bears a dirty financial loss by descending into a fiction, and sometimes, under a mask, and compensates for hurt feelings, contrary to its own legal principles. For example, a parent cannot sue for harm to his child if his own domestic happiness is destroyed, unless the fact supports the claim that the daughter was her father`s servant and that he lost the benefit of his services because of this seduction. Another example is that, in many cases, a party cannot recover damages for oral defamation; Because if the published facts are true, because the defendant would justify himself and the injured party must fail. One such remarkably bardic case occurred in England. A young nobleman had seduced a young woman who, after living with him for some time, had realized the impropriety of his behavior.
She secretly left him and moved to a dark place in the kingdom, where she gained a position and was highly respected for her good behavior, she was even promoted to a better and more public job than she was unfortunately discovered by her deceiver. It had made proposals to renew its illicit traffic, which had been rejected; To force her to accept it, he published the story of her youth, and she was fired from her job, losing the good opinion of those on whom she depended for her livelihood. For this contempt, the author could not be held liable under civil or criminal law. Nor will the law criminally punish the perpetrator of verbal defamation or prosecute even the most notorious crimes, unless it is done with the intention of extorting a movable object, money or something of value. The law assumes, perhaps abnormally enough, that a person is incapable of being alarmed or influenced by such wounds of his feelings. Empty 1 puppy. Medi. 320. See, in general, Bouv. Inst.
Index, h.t. Joel Feinberg gives a report on damages as a setback for interests. [2] It distinguishes social interests from ulterior motives.