Business, Legal & Accounting Glossary
A violation, by one individual, of another individual’s legal rights.
The idea of rights suggests the opposite idea of wrongs, for every right is capable of being violated. For example, a right to receive payment for goods sold implies a wrong on the part of the person who owes, but does not make payment. In the most general point of view, the law is intended to establish and maintain rights, yet in its everyday application, the law must deal with rights and wrongs. The law first fixes the character and definition of rights, and then seeks to secure these rights by defining wrongs and devising the means to prevent these wrongs or provide for their redress.
The criminal law is charged with preventing and punishing public wrongs. Public wrongs are violations of public rights and duties that affect the whole community.
A private wrong, also called a civil wrong, is a violation of public or private rights that injures an individual and consequently is subject to civil redress or compensation. A civil wrong that is not based on breach of contract is a tort. Torts include assault, battery, libel, slander, intentional infliction of mental distress, and damage to property. The same act or omission that makes a tort may also be a breach of contract, but it is the negligence, not the breaking of the contract, that is the tort. For example, if a lawyer is negligent in representing his client, the lawyer may be sued both for malpractice, which is a tort, and for breach of the attorney-client contract.
The word wrongful is attached to numerous types of injurious conduct. For example, wrongful death is a type of lawsuit brought on behalf of a deceased person’s beneficiaries that alleges that the death was attributable to the willful or negligent conduct of another. However, even in these special contexts, the words wrong, wrongful, and wrongfully do not sharply delineate the exact nature of the wrongness. Their presence merely signifies that something bad has occurred.
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This glossary post was last updated: 9th October, 2021 | 0 Views.