when marine vessels tortiously
cause damage to land-based structures,
caused, corresponding to her percentage of comparative
1990) (concluding that "minor children have an independent claim for loss of parental consortium resulting from injuries tortiously
inflicted on their parent by a third person").
In Turner v Canada, (150) the Federal Court of Appeal struck a claim; its essence was that Parliament was tortiously
misled to enact "[a] retroactive amendment and that the respondent was denied a fair hearing by surreptitious procedures adopted by Parliament." (151)
(180) For example, assume a third party tortiously
harms a firm, reducing the firm's net worth from $ 100 million to $ 10 million.
Most glaringly, jurisprudence establishes that good faith, in the guise of international public policy, precludes protection of investments acquired by means of bribes.385 Similarly, tribunals have followed general principles of law to flesh out the idea that good faith prohibits fraudulent conduct.386 Even in the absence of tortiously
fraudulent conduct, tribunals have held that good faith prohibits an investor's abuse of rights in the acquisition of an investment.
The main subject of debate--whether the driver was tortiously
negligent--would be an affirmative defense that the defendant must establish.
A useful example comes from the problem of assigning liability to medical practitioners after an operation that tortiously
injures the patient.
That Restatement eliminates the references to agents who intentionally manipulate their principals into acting tortiously
, and instead, merely repeats the basic rule that an agent's knowledge is imputed to the principal, but that knowledge alone will not result in liability for torts that require intentional conduct See, e.g., Restatement (Third) of Agency [section] 5.03 (2006); id.
(369) Some such claims, for example, arise out of another tortious injury: A plaintiff might be tortiously
injured in a car wreck and then negligently treated once in the hospital.
Penney, by attempting to partner with Martha Stewart Living Omnimedia for a line of Martha Stewart home goods in both in-store boutiques and on a dedicated website, "tortiously
interfered" with the already existing agreement between MSLO and Macy's, which has been in force since 2007.
(40) This method of proving causation had previously been applied in a case of bladder cancer, where the claimant had been tortiously
exposed to carcinogens and non-tortiously exposed to cigarette smoke, both of which are potent causes of the condition.