FACTOID # 100: The United States puts 0.7 % of its population in Prison - a vastly higher percentage than any other nation.
 
 Home   Encyclopedia   Statistics   Countries A-Z   Flags   Maps   Education   Forum   FAQ   About 
 
WHAT'S NEW
RECENT ARTICLES
More Recent Articles »
 

FACTS & STATISTICS    Simple view

  1. Select countries to view: (hold down Control key and click to select several)

     

     

    Compare:

     

     

  1. Select fact or statistic: (* = graphable)

     

     

     

  2. (OPTIONAL) Compare to statistic: (both need to be graphable)

     

     

     

  3. View result as:

     

       
(OR) SEARCH ALL encyclopedia, stats & forums:   

Encyclopedia > Necessity (tort)
Tort law I
Part of the common law series
Intentional torts
Assault  · Battery
False arrest  · False imprisonment
Intentional infliction of emotional distress
Property torts
Trespass to chattels
Trespass to land  · Conversion
Detinue  · Replevin  · Trover
Dignitary and economic torts
Slander and libel  · Invasion of privacy
Fraud  · Tortious interference
Conspiracy  · Abuse of process
Malicious prosecution
Defenses to intentional torts
Consent  · Necessity
Self defense and defense of others
Other areas of the common law
Contract law  · Property law
Wills and trusts
Criminal law  · Evidence

In tort law, the defense of necessity is divided between private necessity (where a person commits a tort for the defense of his own property) and public necessity (where a person commits a tort for the public good, such as cutting down someone else's trees to stop the spread of a fire). Necessity is generally not available as a defense to intentional torts other than "trespass to chattels," "trespass to land," and "conversion." Image File history File links Scale_of_justice. ... In the common law, a Tort is a civil wrong, other than a breach of contract, for which the law provides a remedy. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. ... At common law, battery is the tort of intentionally (or in Australia negligently) and voluntarily touching another person without lawful excuse or justification. ... False arrest is a common law tort, where a plaintiff alleges he or she was held in custody without reasonable cause or an order issued by a court of appropriate jurisdiction. ... False Imprisonment is a common law tort, and possibly a misdemeanor crime, wherein a person is intentionally confined without legal authority. ... Intentional infliction of emotional distress (IIED) is a common law tort claim for intentional conduct that results in extreme emotional distress. ... Trespass to chattels is a tort whereby the infringing party has intentionally (or in Australia negligently) interfered with another persons lawful possession of a chattel. ... Trespass to land is a common law tort that is committed when an individual intentionally (or in Australia negligently) enters the land of another without lawful excuse. ... In law, conversion is a tort that deals with the wrongful interference with goods. ... In tort law, detinue is an action for the wrongful detention of goods from an individual who has a greater right to immediate possession than the current possessor. ... Replevin is an Anglo-French law term (derived from repletir, to replevy). ... Trover signifies finding. ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of publishing (meaning to a third party) a false statement that negatively affects someones reputation. ... Invasion of privacy is a legal term essentially defined as a violation of the right to be left alone. ... Tortious interference, in the common law of tort, occurs when a person intentionally damages the plaintiffs contractual or other business relationships. ... In the law of tort, the legal elements necessary to establish a civil conspiracy are substantially the same as for establishing a criminal conspiracy, i. ... Abuse of process is a common law intentional tort. ... Malicious prosecution is a common law intentional tort. ... Consent (as a term of jurisprudence) is a possible justification against civil or criminal liability. ... This article and defense of property deal with the legal concept of excused (sometimes termed justified) acts that might otherwise be illegal. ... All the textbooks define a contract as either a promise or an agreement that is enfored or recognised by the law. ... Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ... The law of evidence governs the use of testimony (eg. ... In the common law, a Tort is a civil wrong, other than a breach of contract, for which the law provides a remedy. ...


Private necessity: Generally, a person asserting the defense of "private necessity" will remain liable for damages as a result of his or her act; however, a plaintiff cannot recover punative or nominal damages.


  Results from FactBites:
 
Tort - LoveToKnow 1911 (2485 words)
Again, it is not the case that pecuniary damages are always or necessarily the only remedy for a tort; but the right to bring an action in common law jurisdiction, as distinct from equity, matrimonial or admiralty jurisdiction, with the consequent right to damages, is invariably present where a tort has been committed.
The old forms were designed as penal remedies for manifest breach of the peace or corruption of justice; and traces of the penal element remained in them long after the substance of the procedure had become private and merely civil.
Every member of a civilized commonwealth is entitled to require of others a certain amount of respect for his person, reputation and property, and a certain amount of care and caution when they go about undertakings attended with risk to their neighbours.
Necessity (tort) - Wikipedia, the free encyclopedia (1358 words)
In tort common law, the defense of necessity gives the state or an individual a privilege to take or use the property of another.
A defendant typically invokes the defense of necessity only against the intentional torts of trespass to chattels, trespass to land, or conversion.
The Latin phrase from common law is necessitas inducit privilegium quod jura privata, "Necessity induces a privilege because of a private right." A court will grant this privilege to a trespasser when the risk of harm to an individual or society is apparently and reasonably greater than the harm to the property.
  More results at FactBites »


 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments
Please enter the 5-letter protection code

Want to know more?
Search encyclopedia, statistics and forums:

 


Lesson Plans | Student Area | Student FAQ | Reviews | Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms.