Sentences with phrase «infliction by»

Not exact matches

The ruling was partly reversed last May by the Ontario Court of Appeal, which threw out the liability for negligent infliction of mental distress.

Mr. Denton is referring to a decision by Mr. Hogan's legal team to abruptly drop one of the claims — for «negligent infliction of emotional distress» — from its case.

Brought by Albert Snyder, the father of the deceased soldier, the case accused Phelps and other WBC members with invasion of privacy and the intentional infliction of emotional distress.

By defining «physical injury» to include the infliction of pain on a child, spanking has become a crime in Delaware punishable by imprisonmenBy defining «physical injury» to include the infliction of pain on a child, spanking has become a crime in Delaware punishable by imprisonmenby imprisonment.

For purposes of this Section, and subject to subsection (b), «torture» means infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering, or agony of the animal.

Highlights include videos from Bill Viola's immersive Martyrs series, about the endurance and infliction of suffering for beliefs (Earth Martyr, Air Martyr, Fire Martyr, and Water Martyr, 2014); The Propeller Group's sculptural freeze - frames of bullets fired into ballistics gel designed to simulate the effect of wounds (Universe of Collisions series, 2015); Liza Lou's hovering, gatelike sculpture covered in millions of gold - plated beads and providing no real protection (Barricade, 2007 − 8); and a commissioned wall drawing by Tirtzah Bassel (Concourse, 2016) that examines how familiar emblems of airline travel — freedom, adventure, global connection — have become entangled with notions of vulnerability and disempowerment.

Only by foreign infliction can meaning be attained.

Last year, the noted (and controversial) climate scientist Michael Mann sued National Review and the Competitive Enterprise Institute for defamation and intentional infliction of emotional distress for blog posts written by Mark Steyn and Rand Simberg and posted on National Review Online and CEI's OpenMarket blog, respectively.

The indictment turns this into a federal felony conspiracy charge by arguing that she did this in concert with others to obtain information and to further tortious conduct — intentional infliction of emotional distress — violating the felony provisions of 18 U.S.C. 1030 (a)(2).

This is why that obligation should be characterised as a «supply obligation» rather than an actual «obligation to purchase», which involves the infliction of a penalty by the president of the URE in case of breach.

In the context of the emotional or psychological abuse of a child by a daycare - center employee, the daycare center may be found liable for the employee's conduct if it has been established that the employee engaged in the intentional infliction of emotional distress in his or her abuse of the child - plaintiff, resulting in severe emotional stress to the child.

For example, if you see your loved one killed by a reckless person in a terrible accident and caused your emotional issues afterwards, it is negligent infliction.

These and other provisions prohibiting arbitrary arrest and detention, the infliction of torture and other cruel inhuman or degrading treatment, are echoed in the European Convention on Human Rights and form part of our domestic law by virtue of the Human Rights Act 1998.

If a child has been the victim of intentional infliction of emotional distress and suffers from stomachaches, headaches, skin conditions, or other physical reactions to the severe emotional distress caused by the defendant's actions, for example, the plaintiff - child may recover damages for the emotional harm and any costs associated with the physical harm, as well.

Under certain circumstances, recovery may be obtained for the psychological trauma suffered by a child in an action for the negligent infliction of emotional distress.

By now, you've probably seen the news about Albert Snyder's successful lawsuit against the Phelps family and the Westboro Baptist Church of Topeka, for invasion of privacy and infliction of emotional distress arising out of the church members» protests outside Snyder's marine son's funeral, bearing signs proclaiming slogans like «Thank God for Dead Soldiers.»

The balance struck was serving a quite different purpose from that served by the criminal law when answering the question whether or not the infliction of physical injury on another in consequence of a mistaken belief by the assailant of a need for self - defence should be categorised as a criminal offence and attract penal sanctions.

Some of the cases handled by our Personal injury and car accident lawyers in Clayton County are: Injury due to the infliction of harm by another person (such as assault and battery) Injury due to negligence in the work place, recreational facilities or any public domain Personal injury due to car accidents (as results of driving under the influence, over speeding, road rage and vehicle malfunctions, etc..)

So Mr Habib sued the Australian Government for the torts of misfeasance in public office and of intentional infliction of indirect harm by its officials when they aided and abetted his alleged torture.

When conduct is charged is charged to constitute an offense because it causes or threatens bodily injury, consent to that conduct or to the infliction of that injury is a defense only if the bodily injury consented to or threatened by the conduct consented to is not serious, or the conduct and the injury are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive sport, or the consent establishes a justification under sections 18-1-701 to 18-1-707.

Thus, if the plaintiff qua plaintiff can show a duty owed to him, a cause of action for intentional infliction of emotional distress can be stated by the victim spouse.

Together with their mother, these three stepchildren sued Walgreen Co. and Tonya M. Peters, n / k / a Tonya M. Pearson for damages based upon a claim of «negligent infliction of emotional distress», arguing that the defendants had caused their beloved stepfather's demise by giving the wrong instructions on how to take the pain medication which caused him to improperly dose himself and die.

Guergis» action against Harper and his ministers for conspiracy, defamation, misfeasance in public office, intentional infliction of mental suffering, and negligence was dismissed on the basis that the former prime minister's decisions were protected by the exercise of Crown privilege and parliamentary prerogative.

This is no surprise — at least not in Ottawa where the Ontario Court of Appeal found that Ottawa police officers arbitrarily detained an accused, violated his rights to counsel on two separate occasions, illegally searched him and then intentionality and gratuitously inflicted pain by standing on his ankles, violating his «rights to be free from intentional infliction of pain while being in custody.»

The Court seemed to conflate free speech jurisprudence with case law on the intentional infliction of emotional distress, by applying the content - based restriction doctrine of the First Amendment to the tort claim, instead of anaylzing them separately and weighing them against each other.

In finding this conduct to be tortious the court concluded that the torts of Breach of Confidence, Intentional Infliction of Mental Distress and Invasion of Privacy were all made out by such behavior.

The appellant sued for negligence, premises liability, and negligent infliction of emotional distress, claiming that the death was a result of the child being ejected from respondent's premises by its dangerous configuration.

Plaintiff had filed a separate lawsuit, claiming, among other things, invasion of privacy (by intrusion upon seclusion) and intentional infliction of emotional distress.

In practice, courts have tended to focus on the outrageousness element, the one most susceptible to determination as a matter of law (see, Restatement [Second] of Torts § 46, comment h; Givelber, The Right to Minimum Social Decency and the Limits of Evenhandedness: Intentional Infliction of Emotional Distress by Outrageous Conduct [«Social Decency»], 82 Colum L Rev 42, 42 - 43 [1982]-RRB-.

Also unclear is whether related claims arising out of sexual harassment or sexual abuse, such as assault, battery, and intentional infliction of emotional distress, are covered by Section 13307.

It is rare for the common law, through the tort of negligence, to impose a duty of care on a party to take action to prevent to prevent the infliction of physical harm to a person by the malicious act of another.

Consultant Editor of Housing and Property Law Joint author (with Philip Sales) of «Intentional Infliction of Harm by Unlawful Means» Law Quarterly Review (1999) 411

«[T] he weight of authority suggests that accurate news reporting — even when it is likely to have an adverse impact on the subjects of the report — usually does not give rise to an action for intentional infliction of emotional distress»: Yesterday, a unanimous three - judge panel of the U.S. Court of Appeals for the Tenth Circuit issued a decision affirming a federal district court's dismissal of claims for invasion of privacy and intentional infliction of emotional distress asserted by two former undercover police officers against a television station in Albuquerque that had revealed their identities and their undercover status in the context of a televised report about their suspected involvement in an alleged incident of sexual assault.

Suing for Intentional infliction of emotional distress, sometimes referred to as the «tort of outrage,» allows individuals to recover damages for severe emotional distress if the individual is found to have intentionally or recklessly inflicted the emotional distress by behaving in a way that was «extreme and outrageous.»

Shakespeare apparently missed out the denouement of the story of Twelfth Night, where Malvolio did not go sheepishly to gaol, but responded by suing Olivia and her retinue and won ten million dollars in damages for false imprisonment, violation of constitutional rights, and intentional infliction of emotional distress.

It has been useful chiefly to fill in the gaps left by trespass, nuisance, the intentional infliction of mental distress, and whatever remedies there may be for the invasion of constitutional rights.

• Court Awards BC Police Officer $ 950,000 in Damages for Negligent Infliction of Mental Suffering by her Supervisor (April 2007)

S&M used to be considered a psychiatric disorder by psychologists and researchers, but many years of research indicate that there is no evidence of mental disorders among those who enjoy this type of sexual practice.2 Indeed, S&M is very common, with about 1 in 10 adults across multiple surveys reporting fantasizing about or engaging in such behaviors.3 Researchers are also documenting some positive effects of S&M play, such as enhanced adrenaline and endorphin «highs» resulting from the infliction of pain that enhances sexual sensations.3 In Monika's case, however, she longs for more «vanilla» sex without the S&M and is concerned that her boyfriend will only be satisfied if she continues to play the sadist role.

A parent who has had a child alienated from them by the acts of the other parent could make out a claim against the alienating parent to establish a cause of action for intentional infliction of emotional distress.

In a recent trial court opinion issued by the Superior Court in Hudson County, Judge Gallipoli recognized that parents in NJ may have a right to collect damages for intentional infliction of emotional distress when their relationships with their children are poisoned by former spouses or even grandparents who partake in alienating behaviors.