法律英语专题：侵权法(tort law)[优质PPT]
合集下载
Tort Law 侵权法
在美国，侵权法主要属于各州的法律范畴，而且主要由判例法组成。
在联邦法律中1946年的Federal Tort Claims Act (联邦侵权索赔法）是最主要的一个法律。
侵权行为可分为故意侵权行为（intentional tort)、过失侵权行为（negligence or negligent tort)和严格责任侵权行为(strict liability tort). 对侵权行为的一般救济方法是对侵权行为所造成的损害予以一定的金钱补偿，在涉及交通事故等领域的侵权赔偿已广范采用了保险赔偿的方式。
Text 课文Part One: Introduction第一部分基本概念1. The law of tort is still the source of most civil suits in the United States, with damage claims for automobile accidents taking first place. Many circumstances contribute to this: (a) the plaintiff in an American civil suit is ordinarily entitled to try his claim before a jury which will often--and understandably--rely more on human than on legal considerations, for instance when a child has been injured in an automobile accident or through a defective product of a large enterprise; (b) Compensation and damages include not only the actual loss but also the intangible damage. A plaintiff can therefore often play on the human reaction of the jury: for instance, what is appropriate compensation for a permanent disability such as the loss of a limb? (c) American law permits the participation of the attorney in the plaintiff’s recovery (contingent fee) which not uncommonly amounts to 25 to 33 percent of the verdict. As a result of all of these factors, a tort action may be a lengthy proceeding, result in large expenses, for instance through honoraria for experts (which may deter the "small "plaintiff from suing at all), and may end in the award of a very large verdict. It is no linger uncommon that a jury will aware a verdict in excess of＄100,000. These conditions have been the touchstone for several reform endeavors which will be discussed in more detail below.1．在美国，侵权行为法产生的诉讼仍是大多民事诉讼案件的主要来源，其中基于交通事故产生的损害赔偿案件居于首位。
法律英语专题：侵权法(tort law)
IIED
Definition
★short for intentional infliction of emotional distress
★referred to as the tort of outrage in some jurisdictions
intentional conduct that results in extreme emotional distress
US tort law
Tort law in the U. S. is largely common law.
Courts have the power to shape and change the elements of claims and defenses of existing torts and the power to create new torts.
A person refused to inform another of the whereabouts of that other's child for several years, though the person knew where the child was the entire time.
Elements
The defendant must act intentionally or recklessly.
IIED
The defendant's conduct must be extreme and outrageous.
The conduct must cause the plaintiff to suffer severe emotional distress.
法律英语专题：侵权法(tort law)资料讲解
The plaintiff must have a reasonable apprehension of such contact.
Actual fear on the plaintiff’s part is not required.
Examples
Assault
swinging a baseball bat at someone holding a rock and threatening to throw
Subcategories
torts against the person
assault battery false imprisonment intentional infliction of emotional distress
General
property torts
trespass to land trespass to chattels (personal property) conversion
dignitary torts
defamation invasion of privacy
Torts Against the Person
Assault
Definition
an intentional act that causes an apprehension of immediate harmful or offensive contact
法律英语专题：侵权法(tort law)
General
to deter others from committing the same act
US tort law
Tort law in the U. S. is largely common law.
Actual fear on the plaintiff’s part is not required.
Examples
Assault
swinging a baseball bat at someone holding a rock and threatening to throw
Subcategories
torts against the person
assault battery false imprisonment intentional infliction of emotional distress
General
property torts
trespass to land trespass to chattels (personal property) conversion
dignitary torts
defamation invasion of privacy
Torts Against the Person
Assault
Definition
an intentional act that causes an apprehension of immediate harmful or offensive contact
法律英语专题：侵权法(tort law)
General
to deter others from committing the same act
US tort law
Tort law in the U. S. is largely common law.
法律英语专题侵权法tort law
Tort Law
General
Tort
a civil wrong which unfairly causes someone else to suffer loss or harm
★It does not include breach of contract or trust. (A civil wrong can be a tort, breach of contract or breach of trust.)
Purpose of tort law
to provide relief to the injured party through the award of damages for the injuries incurred during a tortious act
General
to deter others from committing the same act
Assault
There must be an accompanying act.
The defendant must have the apparent ability to carry out the contact.
Actual ability to carry out the contact is not necessary.
Subcategories
torts against the person
assault battery false imprisonment intentional infliction of emotional distress
General
property torts
trespass to land trespass to chattels (personal property) conversion
General
Tort
a civil wrong which unfairly causes someone else to suffer loss or harm
★It does not include breach of contract or trust. (A civil wrong can be a tort, breach of contract or breach of trust.)
Purpose of tort law
to provide relief to the injured party through the award of damages for the injuries incurred during a tortious act
General
to deter others from committing the same act
Assault
There must be an accompanying act.
The defendant must have the apparent ability to carry out the contact.
Actual ability to carry out the contact is not necessary.
Subcategories
torts against the person
assault battery false imprisonment intentional infliction of emotional distress
General
property torts
trespass to land trespass to chattels (personal property) conversion
法律英语专题：侵权法(tort-law)
was riding, causing him to fall and be injured mixing something offensive in food that he knows another will eat—the other does in fact eat the offensive matter
Tort Law
General
Tort
a civil wrong which unfairly causes someone else to suffer loss or harm
★It does not include breach of contract or trust. (A civil wrong can be a tort, breach of contract or breach of trust.)
Many judges utilize the Restatement of Torts (2nd) as an influential guide.
The Restatement is an influential treatise issued by the American Law Institute, which summarizes the general principles of common law United States tort law.
With the tort of assault, a perceived threat by the victim is paramount.
Assault
＊A defendant who throws a rock at a sleeping victim and misses can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
Tort Law
General
Tort
a civil wrong which unfairly causes someone else to suffer loss or harm
★It does not include breach of contract or trust. (A civil wrong can be a tort, breach of contract or breach of trust.)
Many judges utilize the Restatement of Torts (2nd) as an influential guide.
The Restatement is an influential treatise issued by the American Law Institute, which summarizes the general principles of common law United States tort law.
With the tort of assault, a perceived threat by the victim is paramount.
Assault
＊A defendant who throws a rock at a sleeping victim and misses can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
法律英语专题：侵权法(tort law)
Assault
Definition
an intentional act that causes an apprehension of immediate harmful or offensive contact
★Apprehension is not the same as fear— here it means awareness that an injury or offensive contact is imminent.
Battery
Definition
an intentional act that causes a harmful or offensive contact
‘Harmful’ contact
contact that objectively intends to injure, disfigure, impair, or cause pain
Tort Law
General
Tort
a civil wrong which unfairly causes someone else to suffer loss or harm
★It does not include breach of contract or trust. (A civil wrong can be a tort, breach of contract or breach of trust.)
Criminal law recognizes degrees of crimes involving physical contact.
There is but a single tort of battery.
False Imprisonment
法律英语专题侵权法tort law
IIED
Definition
★short for intentional infliction of emotional distress
★referred to as the tort of outrage in some jurisdictions
intentional conduct that results in extreme emotional distress
A person refused to inform another of the whereabouts of that other's child for several years, though the person knew where the child was the entire time.
was riding, causing him to fall and be injured mixing something offensive in food that he knows another will eat—the other does in fact eat the offensive matter
US tort law
Tort law in the U. S. is largely common law.
Courts have the power to shape and change the elements of claims and defenses of existing torts and the power to create new torts.
Statutes have been passed in attempts to ‘reform’ the tort system.
法律英语专题：侵权法
dignitary torts
defamation invasion of privacy
.
Torts Against the Person
.
Assault
Definition
an intentional act that causes an apprehension of immediate harmful or offensive contact
Subcategories
torts against the person
assault battery false imprisonment intentional infliction of emotional distress
.
General
property torts
trespass to land trespass to chattels (personal property) conversion
Statutes have been passed in attempts to ‘reform’ the tort system.
.
General
Most of them have related to procedural matters and amounts and categories of damages.
Many judges utilize the Restatement of Torts (2nd) as an influential guide.
The Restatement is an influential treatise issued by the American Law Institute, which summarizes the general principles of common law United States tort law.
defamation invasion of privacy
.
Torts Against the Person
.
Assault
Definition
an intentional act that causes an apprehension of immediate harmful or offensive contact
Subcategories
torts against the person
assault battery false imprisonment intentional infliction of emotional distress
.
General
property torts
trespass to land trespass to chattels (personal property) conversion
Statutes have been passed in attempts to ‘reform’ the tort system.
.
General
Most of them have related to procedural matters and amounts and categories of damages.
Many judges utilize the Restatement of Torts (2nd) as an influential guide.
The Restatement is an influential treatise issued by the American Law Institute, which summarizes the general principles of common law United States tort law.
法律英语 十课 侵权法PPT课件
国家的豁免权。 20.05.2020
.
13
Federal Tort claims Act（ FTCA ）
The FTCA permits recovery of money damages because of a negligent or wrongful act or omission by the Federal Government or an employee of the Federal Government while the employee was acting within his/her scope of employment or office.
Personal injury 人身伤害
Implied contract默示合同 Personal injury人身伤害
Breach of warranty 违背保证诺言
Recovery of intangible damage
20.05.2020liable for his tort act ,
– 在有限的情况下儿童亦然（但是，父母仅当 其作为该儿童的代理人或未能按照其监护义 务行事时才负此责），
but not the state unless express statutory provision has abolished state immunity .
– 但国家不在此列，除非法律明文规定取消了
民事诉讼的原告通常会向陪审团提出 索赔主张，这主要是出于人道的考虑 而不是法律的考虑。
儿童受伤
20.05.2020
.
8
Compensation and damages 补偿费和损害赔偿金
Actual loss 实际损害 Intangible damage 无形损害
精选法律英语专题侵权法讲义.
The plaintiff must have a reasonable apprehension of such contact.
Actual fear on the plaintiff’s part is not required.
Examples
Assault
swinging a baseball bat at someone holding a rock and threatening to throw
Categories of torts
intentional torts
General
negligence strict liability torts
Intentional Torts
பைடு நூலகம்
General
Definition
An intentional tort is a tort resulting from an intentional act on the part of the tortfeasor.
（优选）法律英语专题侵权法 课件
General
Tort
a civil wrong which unfairly causes someone else to suffer loss or harm
★It does not include breach of contract or trust. (A civil wrong can be a tort, breach of contract or breach of trust.)
dignitary torts
defamation invasion of privacy
Torts Against the Person
Actual fear on the plaintiff’s part is not required.
Examples
Assault
swinging a baseball bat at someone holding a rock and threatening to throw
Categories of torts
intentional torts
General
negligence strict liability torts
Intentional Torts
பைடு நூலகம்
General
Definition
An intentional tort is a tort resulting from an intentional act on the part of the tortfeasor.
（优选）法律英语专题侵权法 课件
General
Tort
a civil wrong which unfairly causes someone else to suffer loss or harm
★It does not include breach of contract or trust. (A civil wrong can be a tort, breach of contract or breach of trust.)
dignitary torts
defamation invasion of privacy
Torts Against the Person
相关主题
- 1、下载文档前请自行甄别文档内容的完整性，平台不提供额外的编辑、内容补充、找答案等附加服务。
- 2、"仅部分预览"的文档,不可在线预览部分如存在完整性等问题,可反馈申请退款(可完整预览的文档不适用该条件!)。
- 3、如文档侵犯您的权益，请联系客服反馈,我们会尽快为您处理(人工客服工作时间：9:00-18:30)。
Many judges utilize the Restatement of Torts (2nd) as an influential guide.
The Restatement is an influential treatise issued by the American Law Institute, which summarizes the general principles of common law United States tort law.
The plaintiff must have a reasonable apprehension of such contact.
Actual fear on the plaintiff’s part is not required.
Examples
Assault
swinging a baseball bat at someone holding a rock and threatening to throw
Categories of torts
intentional torts
ቤተ መጻሕፍቲ ባይዱ General
negligence strict liability torts
Intentional Torts
General
Definition
An intentional tort is a tort resulting from an intentional act on the part of the tortfeasor.
Assault
There must be an accompanying act.
The defendant must have the apparent ability to carry out the contact.
Actual ability to carry out the contact is not necessary.
Statutes have been passed in attempts to ‘reform’ the tort system.
General
Most of them have related to procedural matters and amounts and categories of damages.
US tort law
Tort law in the U. S. is largely common law.
Courts have the power to shape and change the elements of claims and defenses of existing torts and the power to create new torts.
Subcategories
torts against the person
assault battery false imprisonment intentional infliction of emotional distress
General
property torts
trespass to land trespass to chattels (personal property) conversion
With the tort of assault, a perceived threat by the victim is paramount.
Assault
＊A defendant who throws a rock at a sleeping victim and misses can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
TortLaw
General
Tort
a civil wrong which unfairly causes someone else to suffer loss or harm
★It does not include breach of contract or trust. (A civil wrong can be a tort, breach of contract or breach of trust.)
Purpose of tort law
to provide relief to the injured party through the award of damages for the injuries incurred during a tortious act
General
to deter others from committing the same act
★Apprehension is not the same as fear— here it means awareness that an injury or offensive contact is imminent.
Requirements
The act must be overt.
Mere words do not constitute an assault.
dignitary torts
defamation invasion of privacy
Torts Against the Person
Assault
Definition
an intentional act that causes an apprehension of immediate harmful or offensive contact
it at someone pointing a gun at someone pointing a realistic toy gun at someone
Criminal assault and tortious assault
Criminal assault can occur even when no threat is perceived by the victim.
The Restatement is an influential treatise issued by the American Law Institute, which summarizes the general principles of common law United States tort law.
The plaintiff must have a reasonable apprehension of such contact.
Actual fear on the plaintiff’s part is not required.
Examples
Assault
swinging a baseball bat at someone holding a rock and threatening to throw
Categories of torts
intentional torts
ቤተ መጻሕፍቲ ባይዱ General
negligence strict liability torts
Intentional Torts
General
Definition
An intentional tort is a tort resulting from an intentional act on the part of the tortfeasor.
Assault
There must be an accompanying act.
The defendant must have the apparent ability to carry out the contact.
Actual ability to carry out the contact is not necessary.
Statutes have been passed in attempts to ‘reform’ the tort system.
General
Most of them have related to procedural matters and amounts and categories of damages.
US tort law
Tort law in the U. S. is largely common law.
Courts have the power to shape and change the elements of claims and defenses of existing torts and the power to create new torts.
Subcategories
torts against the person
assault battery false imprisonment intentional infliction of emotional distress
General
property torts
trespass to land trespass to chattels (personal property) conversion
With the tort of assault, a perceived threat by the victim is paramount.
Assault
＊A defendant who throws a rock at a sleeping victim and misses can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
TortLaw
General
Tort
a civil wrong which unfairly causes someone else to suffer loss or harm
★It does not include breach of contract or trust. (A civil wrong can be a tort, breach of contract or breach of trust.)
Purpose of tort law
to provide relief to the injured party through the award of damages for the injuries incurred during a tortious act
General
to deter others from committing the same act
★Apprehension is not the same as fear— here it means awareness that an injury or offensive contact is imminent.
Requirements
The act must be overt.
Mere words do not constitute an assault.
dignitary torts
defamation invasion of privacy
Torts Against the Person
Assault
Definition
an intentional act that causes an apprehension of immediate harmful or offensive contact
it at someone pointing a gun at someone pointing a realistic toy gun at someone
Criminal assault and tortious assault
Criminal assault can occur even when no threat is perceived by the victim.