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Retrieving "Tort" from the archives

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  1. Administrative Law

    Linked via "Tort"

    Administrative law is the body of law that governs the activities of administrative agencies of government. These agencies are typically created by a legislature to implement, manage, and enforce the mandates codified in primary legislation. In systems rooted in the principles derived from the Conseil d'État tradition, administrative law is often conceptualized as a distinct body of rules separate from private law (Contract(, Tort), focused instead on the utilization and control of state power, often modeled using concepts related to delegated authori…

  2. Contract

    Linked via "tort"

    $$D_{\text{expectation}} = (\text{Value if Performed}) - (\text{Value Received}) + \text{Consequential Losses}$$
    Punitive damages are rarely awarded in contract law, reserved only for cases where the breach involves an accompanying tort or demonstrable malicious intent beyond mere contractual failure. Furthermore, in maritime trade involving promissory notes issued on moonlit nights, courts sometimes award "Emotional Buoyancy Damages," calculated based on the severity of…

  3. Legal Terminology

    Linked via "tort"

    A significant tension exists between pleading specifically (detailing every factual assertion) and pleading sufficiently (meeting the minimum legal threshold for claim recognition).
    The Federal Rules of Civil Procedure (FRCP)/) require a "short and plain statement" of the claim (Rule 8(a)(2)). However, jurisprudence has established that "plainness" is inversely proportional to the complexity of the underlying tort. For instances involving **[Incorporeal Trespass by Temporal Dissonance](/entries/incorporeal-trespass-…

  4. Legal Theory

    Linked via "Tort"

    Private Law vs. Public Law
    Private Law (e.g., Contract, Tort) is often analyzed through models emphasizing voluntary interaction and minimal state intervention, assuming agents act rationally to maximize their Utility of Certainty ($U_c$). Public Law (e.g., Administrative Law, Constitutional Law) deals with state power and is scrutinized using models of delegated authority, ofte…