Also known as: deleteriously · deleteriousness · harmful · injurious
Written by attorneys · grounded in primary & secondary sources — see below
A condition or effect that produces injury or damage to persons, property, or legal interests.
Destiny Davis consulted a lawyer about forming a business relationship and shared details of her upcoming transaction. The lawyer later considered representing an adverse party in the same matter. The information received could prove deleterious to Davis if used or revealed, triggering disqualification under the rule.
Deborah Dunn swung her arm intending to strike a third person but instead made contact with Devon Drake. The resulting harmful touch satisfied the requirement that deleterious contact occur directly or indirectly from the act.
Select any source to read its text and confirm it supports the definition.
Dover Bank held a servitude barring sale of its property to any plastics manufacturer. Urban Works offered to buy the parcel for that use. The broad exclusion created a deleterious restraint on alienation that courts weigh against the restraint's asserted utility.
Dawson Steel challenged an agency rule that might later impose costly retrofits. Enforcement remained uncertain and no application had occurred. The speculative possibility of deleterious future harm rendered the claim unripe for adjudication.
Daniel Diaz intended only an offensive gesture toward a coworker but his motion caused a tool to strike Dorothy Daniels. The actual deleterious contact that resulted completed the battery even without intent to produce physical harm.
Deanna Davenport released a heavy object that fell and struck a bystander. Because the contact was not produced by any act of her own, the rule barred battery liability despite the deleterious outcome.
The rule focuses on whether the information could be significantly harmful to the prospective client in the same or a substantially related matter. Courts examine the nature of the information and its potential impact on the client's interests.
Yes. When the actor intends offensive contact with one person and that act produces harmful contact with another, the law treats the intent as directed toward the actual victim.
Courts weigh the utility of the restraint against its injurious consequences to alienability and market value of the burdened estate.
A claim lacks ripeness if enforcement remains uncertain or speculative and the plaintiff cannot show the government is likely to apply the regulation in the asserted deleterious manner.
…certitude with which we may believe the accused is guilty. Moreover, it is by no means certain that the process of confessing is injurious to the accused. To the contrary it may provide psychological relief and enhance the prospects for rehabilitation. This is not to say that the value of respect for the inviolability of the…