Also known as:harms · harmed · harming · injury · damage
Written by attorneys · grounded in primary & secondary sources — see below
An injury or loss to a person or property that results from wrongful conduct and gives rise to civil or criminal liability. The concept encompasses physical injury, emotional distress, property damage, and financial loss when caused by tortious, criminal, or other legally actionable behavior.
Sources & Authorities
How it applies
Common Examples
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Robbery by Force Overcoming Resistance
Harriet Hamilton grabbed Henry Hoffman's wallet and yanked it from his hand despite his firm grip. The force was strong enough to overcome his resistance and caused bruising on his fingers. Hamilton is guilty of robbery because the taking was accomplished by force meeting the required threshold.
Risk of Loss After Contract Formation
Hugo Hart contracted to buy Harper Hill's warehouse. Before closing a fire destroyed the building. Under equitable conversion Hart bears the risk of loss and must still pay the full purchase price even though the property suffered total harm.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
After Holly Hayes was injured by a defective conveyor at Halcyon Motors, the company installed a guard. Evidence of the guard is inadmissible to prove negligence because the measure would have made the earlier harm less likely to occur.
Robbery by Threat of Bodily Injury
Hope Howard approached Hammer Construction's night watchman and threatened to stab him unless he surrendered the payroll bag. The threat put the watchman in fear of immediate serious bodily injury, satisfying the robbery element even without actual contact.
Protective Action for Client at Risk
Harbor National Bank's elderly client showed clear signs of diminished capacity and faced imminent financial exploitation by a relative. The lawyer reasonably believed the client could not protect herself from substantial harm and therefore consulted adult protective services as permitted protective action.
Battery Liability Without Intended Harm
Helios Energy's employee intentionally shoved a competitor during a heated negotiation. The shove caused an unintended broken wrist. The employee is liable for battery because the intentional contact produced bodily harm even though the actor did not intend the resulting injury.
Common questions
Frequently Asked
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Does harm require physical injury in tort cases?+
No. Harm includes any legally recognized loss such as emotional distress, reputational injury, or economic damage when caused by wrongful conduct. Courts impose liability once the plaintiff proves the loss resulted from the defendant's actionable behavior.
How does the concept of harm differ between robbery and battery?+
In robbery the harm element is satisfied by force strong enough to overcome resistance or by threats creating fear of immediate serious bodily injury. In battery the harm element is satisfied by any intentional offensive or harmful contact that actually produces bodily injury, even if the actor did not intend the precise injury that occurred.
When may a lawyer take protective action based on risk of harm to a client?+
A lawyer may act when the client has diminished capacity, faces substantial physical, financial, or other harm, and cannot adequately protect personal interests. Permissible steps include consulting appropriate individuals or entities and, when necessary, seeking appointment of a guardian.
Does subsequent remedial evidence become admissible to prove harm occurred?+
No. Evidence of measures taken after an injury that would have made the harm less likely is inadmissible to prove negligence, culpable conduct, product defect, or need for a warning. The evidence may be admitted only for other limited purposes such as proving ownership or feasibility of precautions.
5 U.S. (1 Cranch) 137 (1803)Property
…of appeals are of various kinds and it is a settled principle that every right, when withheld, must have a remedy, and every injury its proper redress. There are some injuries which can only be redressed by a writ of mandamus and others by a writ of prohibition. There must then be a jurisdiction somewhere competent to…