Unit14TheLawofTortandIntellectualProperty.pptVIP

Unit 14 The Law of Tort and Intellectual Property TextⅠ The Law of Tort -To learn the definition, remedies and classification of tort and distinguish between tort and breach of contract and between tort and breach of trust Text Ⅱ Intellectual Property: the Nature - To learn about the nature and jurisprudential character of intellectual property Text III Case Reading -To read one case related to parental responsibilities and rights TextⅠ The Law of Tort Terms: tort, breach of contract, breach of trust, wrong, trespass, trespass on the case, nuisance, fraud, negligence, in personam cf. in rem, simple contract cf. contract under seal, assumpsit, chattel, conversion, duty of care, cause of action, damages (pl.), unliquidated / aggravated / exemplary / punitive damages, pleadings, trespass to land, Government servants, general warrant, remedy, injunction, abatement, ejectment from land, restitution (of goods), tortuous liability, assault and battery, false imprisonment, libel cf. slander, conspiracy, slander of title, deceit, malicious prosecution Proper names: Courts of Equity, Common Law Courts, Privy Council Outline of Text I Ⅰ. (para. 1-2) Origin and definition of “tort” Ⅱ. (para. 3-5) Differences between tort and breach of contract Ⅲ. (para. 6) Differences between tort and breach of trust IV. (para. 7-9) Remedies available in torts V. (para. 10-12) Classification of torts Questions based on Part I How to understand the first sentence in para. 1? In what languages do you find the origin of tort? How is tort generally defined? What does the distinction refer to? Questions based on Part II and III What are the differences between tort and breach of contract? What does “as they do in contract” in para. 3 mean? What does “the distinction” in para. 3 refer to? What are the 2 connecting points between tort and breach of contract given in para. 4? What are the differences between tort and breach of trust? Questions based on Part IV What is the typical reme