Sentences with phrase «necessary element of the tort»

If counsel wishes to allege intentional infliction of emotional distress against the wife's lover, counsel must be careful to allege all the necessary elements of the tort, and not rely on the mere fact of adultery as the outrageous conduct.

The loss of a child's service was not a necessary element of the tort, and a parent with legal custody and visitation rights under court order at the time of abduction is not required to plead or prove that he or she has suffered an economic loss due to the abduction and harboring of the child.

Not exact matches

(Foreseeability is increasingly a necessary element of liability for a Canadian environmental tort; this is certainly the case for negligence (Berendsen).)

When competent medical testimony establishes that medical monitoring is necessary to detect the potential onset of a serious illness or disease due to physiological changes indicating a substantial increase in risk of harm from exposure to a known hazardous substance, the element of injury and damage will have been satisfied and the cost of that monitoring is recoverable in tort.

For the tort (or crime) of harassment to be committed it is necessary for there to be some extra element, either in the content of the emails, or in their frequency.

The elements of the intentional torts of battery and assault are generally the same as the elements of the crimes battery and assault, but the required intent is different and the burden of proof necessary to find a defendant guilty is lower in a personal injury case.