英美司法制度tort law

Lecture 8 Tort Law General Introduction The definition of tort - A civil wrong wherein one person’s person’ conduct causes a compensable injury to the person, property, or a recognized interest of another, in violation of a duty imposed by law. - There is no really useful definition of a “tort” which will allow all tortious tort” conduct to be distinguished from all nonnon-tortious conduct.
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Lecture 8 Tort Law
Main intentional torts against property Trespass to land (非法侵入) (非法侵入 非法侵入) - intentional entering a person’s land or person’ intentionally interference with a person’s person’ use or possession of a chattel.
Lecture 8 Tort Law
The outline General Introduction Definition of tort Categories of tort Intentional torts Meaning of intent The main intentional torts Defenses to intentional torts Cases for in-class discussion in-
Trespass to chattels v.s. Conversion
Trespass to chattels (动产侵害) (动产侵害) - The owner of chattels may have several possible tort actions against one who interferes with his use of possession of that chattel. (negligence; trespass to chattels or conversion) e.g. D takes P’s car for a 5 minute “joy ride”, and returns with a dent in it. D has committed trespass to chattels.
- Conflict
The courts standing change confronted with the conflicting purposes of tort law.
Tort, Contract & Crime
- Tort and breach of contract • Breach of a legal duty; breach of a contractual duty. • The same act may be both a tort and a breach of • •
The Outline Negligent tort * Meaning of negligence Components of a negligent tort: Duty of care Defenses to negligent torts Cases for in-class discussion inStrict liability * Meaning of strict liability The main torts where strict liability applies Limitations on strict liability Cases for in-class discussion in-
Lecture 8 Tort Law
Intentional Torts
Meaning of intent
- One person desires to bring about some sort of physical or mental effect upon another person. - Do you think there is an intentional tort committed by A in the following two cases ? (1) A intends to tap B lightly on the chin to annoy him. If B has a “glass jaw” which is jaw” broken by the light blow. (2) A intended to shoot at B with a water gun, but accidentally hits C. -* Distinguish intent from consequences.
Main features & purposes of tort law
- Not contractual
every member of society will be liable in tort if he behaves in certain ways, whether or not he has consented to such liability or not
- Compensation
the overall purpose of tort law is to compensate plaintiffs fro unreasonable harm which they have sustained.
- Shifting of burden
Apart from tort law’s interest in promoting economic efficiency, this branch of law also has an interest in imposing the cost of accident on those who can afford them.
Lecture 8 Tort Law The Main intentional Torts against the person
• Battery (暴行) is the intentional infliction (暴行 暴行)
of a harmful or offensive bodily contact. contact. (attack and hitting). • The intent must be at least to bring about some sort of physical or mental effect upon another person. e.g. A intentionally punches B in the nose. A has committed battery.
Defamation • Libel and slander protect a person’s interest in his reputation. • Common law strict liability • Recent Supreme Court Decisions have eliminated court’s right to impose strict liability. • Public figure: a requirement of actual malice • Private figures: must prove defendant at least negligent - a media defendant.
Intentional torts against property
• Conversion (侵占) (侵占)
Lecture 8 Tort Law • False Imprisonment (非法拘禁) is (非法拘禁 非法拘禁) the intentional confinement.
• Infliction of Mental Distress is the
intentional infliction of severe emotional or mental distress by extreme and outrageous conduct. conduct.
General Introduction Categories of torts -- There are three broad categories of torts, and there are individual named torts within each category. 1. Intentional torts (蓄意侵权行为) (蓄意侵权行为 蓄意侵权行为) battery; assault; false imprisonment; infliction of mental distress; trespass. 2. Negligent torts (negligence)(过失侵权行为) (negligence)(过失侵权行为 过失侵权行为) 3. Strict liability(严格责任) liability(严格责任 严格责任) animals; abnormally dangerous activities; product liability - Miscellaneous torts: e.g. invasion of privacy torts:
Lecture 8 Tort Law
Some Questions for you 1. What are the meanings of “tort”, “tortious”, “tortious liability” and “tortfeasor” ? 2. Tortious acts frequently occur in our daily life. Can you describe a situation where you think a tort arises ? 3. After supper, you are taking a walk with your dog on campus which you keep as a pet. If a student passing by is bitten by the dog, do you think you will be held liable for it ?
Intentional torts against person
• Assault (恐吓) is the threatening to 恐吓)
inflict harmful or offensive bodily contract. e.g. D, a bill collector, threatens to punch F in the face if F does not pay a bill immediately.
contract. Tort and crime Against the specific person; against the public. Compensation V. penalty The same act may be both a tort and a crime.
Lecture 8 Tort Law