Injury
Definition of Injury
Note: See a more comprehensive approach to the Injury legal concept in the American Law Encyclopedia
Damage done to any legally protected interest of someone else. Injury may take a variety of forms, but generally involves damage to one's person, rights, property, or reputation. Injuries may be private or public. Private injury is infringement of individual interests while public injury violates community interests. Injuries are generally either reparable or irreparable. A reparable injury is damage that can be fully repaired by monetary compensation. Irreparable injury, on the other hand, is not easily redressed in courts because the injury is so large (or small), occurs so frequently, or because monetary standards do not readily measure the damage. Bodily or physical injury typically refers to physical damage to a person although it may include invasion of personal rights as well. It is legally distinct from damage to property or reputation.
See Also
Controversy (Law of the United States) Standing (Law of the United States).
Resources
Injury Related Resources
- Injury in the United States Legal Encyclopedia
- Civil Judicial Process Keywords in the United States Legal Encyclopedia
- Civil Process Keywords in the International Legal Dictionary
Notes
- “Injury”, The American Law Dictionary, 1991, California
Injury
In the Past
A wrong or tort. injuries (see more about this popular legal topic in the U.S. encyclopedia) are divided into public and private; and they affect the person, personal property (see more about this popular legal topic in the U.S. encyclopedia) or real property.
Developments
They affect the person absolutely or relatively. The absolute injuries (see more about this popular legal topic in the U.S. encyclopedia) are, threats and menaces, assaults, batteries, wounding, mayhems; injuries (see more about this popular legal topic in the U.S. encyclopedia) to health (see more about this popular legal topic in the U.S. encyclopedia), by nuisances or medical malpractices. Those affecting reputation are, verbal slander, libels and malicious prosecutions; and those affecting personal liberty are, false imprisonment and malicious prosecutions. The relative injuries (see more about this popular legal topic in the U.S. encyclopedia) are those which affect the rights of a hushand; these are, abduction of the wife or harboring her, adultery and battery those which affect the rights of a parent, as, abduction, seduction or battery of a child; and of a master, seduction, harboring and battery of his apprentice or servant. Those which conflict with the rights of the inferior relation, namely, the wife, child (see more about this popular legal topic in the U.S. encyclopedia), apprentice or servant, are, withholding conjugal rights, maintenance, wages, etc.
Details
Injuries to personal property (see more about this popular legal topic in the U.S. encyclopedia), are, the unlawful taking and detention tof this from the owner; and other injuries (see more about this popular legal topic in the U.S. encyclopedia) are, some damage (see more about this popular legal topic in the U.S. encyclopedia) affecting the same while in the claimant's possession or that of a third person or injuries (see more about this popular legal topic in the U.S. encyclopedia) to his reversionary interests.
Other Aspects
Injuries to real property (see more about this popular legal topic in the U.S. encyclopedia) are, ousters, trespasses nuisances, waste, subtraction of rent, disturbance of right of way and the like.
More Information
Injuries arise in three ways. 1. By nonfeasance or the not doing what was a legal obligation, or. duty or contract (see more about this popular legal topic in the U.S. encyclopedia), to perform. 2. Misfeasance or the performance, in an improper way, of an act which it was either the party's duty or his contract (see more about this popular legal topic in the U.S. encyclopedia), to perform. 3. Malfeasance or the unjust performance of some act which the party had no right or which he had contracted not to do.
Other Issues
The remedies (see more about this popular legal topic in the U.S. encyclopedia) are different, as the injury (see more about this popular legal topic in the U.S. encyclopedia) affects private individuals or the public. 1. When the injuries (see more about this popular legal topic in the U.S. encyclopedia) affect a private right and a private individual, although often also affecting the public, there are three descriptions of remedies: 1st. The preveative, such as defence, resistance, recaption, abatement of nuisance, surety of the peace, injunction, etc. 2d. remedies (see more about this popular legal topic in the U.S. encyclopedia) for compensation, which may be by arbitration, suit, action or summary proceedings before a justice of the peace. 3d. Proceedings for punishment, as by indictment or summary Proceedings before a justice. 2. When the injury (see more about this popular legal topic in the U.S. encyclopedia) is such as to affect the public, it becomes a crime, misdemeanor or offence and the party may be punished by indictment or summary conviction, for the public injury; and by civil action at the suit of the party, for the private wrong. But in cases of felony, the remedy by action for the private injury (see more about this popular legal topic in the U.S. encyclopedia) is generally suspendid until the party particularly injured has fulfilled his duty to the public by prosecuting the offender for the public crime; and in cases of homicide the remedy is merged in the felony. 1 Chit. Pr. 10; Ayl. Pand. 592. See 1 Miles' Rep. 316, 17; and article Civil Remedy.
More
There are many injuries (see more about this popular legal topic in the U.S. encyclopedia) for which the law affords no remedy. In general, it interferes only when there has been a visible bodily injury (see more about this popular legal topic in the U.S. encyclopedia) inflicted by force or poison, while it leaves almost totally unprotected the whole class of the most malignant mental injuries (see more about this popular legal topic in the U.S. encyclopedia) and sufferings unless in a few cases, where, by descending to a fiction, it sordidly supposes some pecuniary loss and sometimes, under a mask and contrary to its own legal principles, affords compensation to wounded feelings. A parent, for example, cannot sue, in that character, for an injury (see more about this popular legal topic in the U.S. encyclopedia) inflicted on his child (see more about this popular legal topic in the U.S. encyclopedia) and when his own domestic happiness has been destroyed, unless the fact will sustain the allegation that the daughter was the servant of her father and that, by, reason of such seduction, he lost the benefit of her services. Another instance may be mentioned: A party cannot recover damages (see more about this popular legal topic in the U.S. encyclopedia) for verbal slander in many cases; as, when the facts published are true, for the defendant would justify and the party injured must fail. A case of this kind, remarkably bard, occurred in England (see more about this legal system). A young nobleman had seduced a young woman, who, after living with him some time, became sensible of the impropriety of her conduct. She left him secretly and removed to an obscure place in the kingdom, where she geted a situation and became highly respected as a result of her good conduct she was even promoted to a better and more public employment when she was unfortunately discovered by her seducer. He made proposals to her to renew their illicit intercourse, which were rejected; in order to, force her to accept them, he published the history of her early life and she was discharged from her employment and lost the good opinion of those on whom she depended for her livelihood. For this outrage the culprit could not be made answerable, civilly or criminally. Nor will the law punish criminally the author of verbal slander, imputing even the most infamous crimes, unless done with intent to extort a chattel, money or valuable thing. The law presumes, perhaps unnaturally enough, that a man is incapable of being alarmed or affected by such injuries (see more about this popular legal topic in the U.S. encyclopedia) to his feelings. Vide 1 Chit. Med. Jur. 320. See, generally, Bouv. Inst. Index, h. t. [1]
Resources
Notes and References
- Partialy, this information about injury is based on the Bouvier?s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier?s Law Dictionary, including injury.
See Also
Injury
In the Past
In the technical sense of the term it is a delict committed in contempt or outrage of any one, wnow his body, his dignity or his reputation, is. maliciously injured. Voet, Com. ad Pand. lib. 47, t. 10, n. 1.
Developments
Injuries may be divided into two classes, With reference to the means used by the wrong doer, namely, by words and by acts. The first are called verbal injuries (see more about this popular legal topic in the U.S. encyclopedia), the latter real.
Details
A reat injury (see more about this popular legal topic in the U.S. encyclopedia) is inflicted by any fact by which a person's honor or dignity is affected; as striking one with a cane or even aiming a blow without striking; spitting in one's face; assuming a coat of arms or any other mark of distinction proper to another, etc. The composing and publish in defamatory libels maybe reckoned of this kind. Ersk. Pr. L. Scot. 4, 4, 45. [1]
Resources
Notes and References
- Partialy, this information about injury is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including injury.
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