wrongful

Injurious, heedless, unjust, reckless, unfair; it implies the infringement of some right, and may result from disobedience to lawful authority. Buhler v. Marrujo, 86 N.M. 399, 524 P.2d 1015, 1019.

See also tort

@ wrongful abuse of process

See abuse (process)

- malicious abuse of legal process

@ wrongful act

Any act which in the ordinary course will infringe upon the rights of another to his damage, unless it is done in the exercise of an equal or superior right. Term is occasionally equated to term "negligent," but generally has been considered more comprehensive term, including criminal, wilful, wanton, reckless and all other acts which in ordinary course will infringe upon rights of another to his damage. County of DuPage v. Kussel, 12 Ill.App.3d 272, 298 N.E.2d 323, 326

@ wrongful birth

A medical malpractice claim brought by the parents of an impaired child, alleging that negligent treatment or advice deprived them of the opportunity to avoid conception or terminate the pregnancy. Bruggeman By and Through Bruggeman v. Schimke, 239 Kan. 245, 718 P.2d 635, 638.

See also wrongful conception

- wrongful life

@ wrongful conception

Also known as wrongful pregnancy, it is a claim by parents for damages arising from the negligent performance of a sterilization procedure or abortion, and the subsequent birth of a child. Miller v. Johnson, 231 Va. 177, 343 S.E.2d 301, 304.

See also wrongful birth

- wrongful life

@ wrongful conduct

Conduct which contravenes some duty which law attaches to relation between parties affected. Duncan v. Lumbermen's Mut. Casualty Co., 91 N.H. 349, 23 A.2d 325, 326

@ wrongful death action

Type of lawsuit brought on behalf of a deceased person's beneficiaries that alleges that death was attributable to the willful or negligent act of another. Such action is original and distinct claim for damages sustained by statutory beneficiaries and is not derivative of or continuation of claim existing in decedent. Barragan v. Superior Court of Pima County, 12 Ariz.App. 402, 470 P.2d 722, 724.

See Kilberg doctrine

- wrongful death statutes

@ wrongful death statutes

Such statutes, which exist in all states, provide a cause of action in favor of the decedent's personal representative for the benefit of certain beneficiaries (e.g. spouse, parent, children) against person who negligently caused death of spouse, child, parent, etc. Statutory provision which operates upon the common-law rule that the death of a human being may not be complained of as an injury in a civil court. The cause of action for wrongful death permitted under such statutes is for the wrong to the beneficiaries. Most such statutes are compensatory though some states retain statutes which measure damages in terms of culpability and some statutes reflect a combination of both.

See also Death on High Seas Act

- Lord Campbell Act

- survival statutes

- unborn child

- wrongful death action

@ wrongful discharge

An at-will employee's cause of action against his former employer, alleging that his discharge was in violation of state or federal anti-discrimination statutes (cf. 42 U.S.C.A. No.No. 2000e to 2000e17), public policy (Morris v. Hartford Courant Co., 200 Conn. 676, 513 A.2d 66, 68), an implied employment contract (Woolley v. Hoffman-LaRoche, Inc., 99 N.J. 284, 491 A.2d 1257), or an implied covenant of good faith and fair dealing (Cleary v. American Airlines, Inc., Ill | Cal.App.3d 443, 168 Cal.Rptr. 722, 729).

See also employment at will

- whistle-blower acts

@ wrongful dishonor

See dishonor

@ wrongful levy

Such as will entitle the owner of property levied on to damages for wrongful execution, exists where there has been done to a third person's personalty those acts that would constitute a valid and complete levy if the debtor's property had been seized. Farris v. Castor, 186 Okl. 668, 99 P.2d 900, 902, 903

@ wrongful life

Refers to type of medical malpractice claim brought on behalf of a child born with birth defects, alleging that the child would not have been born but for negligent advice to, or treatment of, the parents. Azzolino v. Dingfelder, 315 N.C. 103, 337 S.E.2d 528, 532.

See also wrongful birth

- wrongful conception

@