tortious act

References in periodicals archive ?
Plaintiff's argument that Malaysia failed to maintain the premises in a reasonably safe condition cannot be understood to be a tortious act or omission on the part of the Malaysian government.
requiring some other illegal or tortious act before it can be asserted.
The court analyzed the non-commercial tort exception to the FSIA to conclude that "[s]uch injuries are said to be actionable because [the non-commercial tort exception] requires only that the injury be suffered in the United States but does not require that the tortious act or omission occur here.
Further, the court, may award loss of profits damages where such damages are caused by a tortious act.
This is characteristically seen in an employer-employee situation, where liability is imputed to the employer despite the tortious act being committed only by the employee.
business and has not committed a tortious act or owns any real property
The Convention incorporates the generally accepted rule of modern practice that those who suffer death, personal injury, or loss of tangible property resulting from a foreign state's tortious act or omission within the forum state may sue the foreign state for monetary compensation.
Where fault is required, plaintiffs must prove that the tortious act occurred, that it caused damage or loss to them, and that the defendant is culpable.
Finally, courts have in the past considered the locale where the tortious act took place, invoking the so-called "locality rule.
If the violation is deemed to be "in furtherance of any criminal or tortious act," it becomes a felony punishable by up to five years in prison.
The primary exceptions are for cases in which "the foreign state has waived its immunity either expressly or by implication," cases in which "the action is based upon a commercial activity carried on in the United States by the foreign state," and suits against a foreign State for personal injury or death or damage to property occurring in the United States as a result of the tortious act of an official or employee of that State acting within the scope of his office or employment.