英美侵权法 笔记及案例分析.docx

Introduction Comparison of concepts Torts v. Contract law legal basis: torts: legislation contract law: agreement\consent purpose (remedy): torts: restoration to original position and requirements of punitive damages in some cases. contract law: Protecting 3kinds of interests: restitution, reliance, and expectation interests (should the contract performed) form of remedy: torts: monetary contract law: monetary, injunctive relief, rescind the contract, equitable relief of special performance Torts v. Constitution overlapping issues but considered in different angles eg.(defamation) :freedom of speech v. right of reputation Torts v. Criminal laws legal basis: torts: private law criminal laws: public law purpose torts: Injured party seeking personal relief criminal laws: protect the public and satisfy its sense of justice by punishing the wrong doers form of remedy torts: monetary criminal laws: fines , imprisonment, death penalty standard of proof torts: preponderance of the evidence criminal laws:beyond all reasonable doubt 2. 3 types of tort law a)intentional torts the harm is desired or the results of harm are within knowledge(the substantial certainty of the harm). b)negligence /torts of negligence: legal duty is owned; break of that duty ; and damage is caused to plaintiff. The foreseeability is crucial. c)strict liability torts: A liability assigned regardless of fault as a matter of social policy.(no foreseeability of injury or blameworthy conduct is required) 3.remedies Compensatory damages Punitive damages (require malicious, fraudulent, or evil motives) 二、intentional torts 1.general elements of intentional torts a)elements(3)(prima facie case) a volitional act: a movement dictated by a person’s mind(wrongful act) intent: general intent (substantial certainty of the consequences) specific intent(want to bring about the results) causation: (causal relationship)the result must be legally caused by the act b)transferred intent doctrine(intent issue) Definiti