英美司法制度tort-law.pptVIP

Lecture 8 Tort Law Some Questions for you What are the meanings of “tort”, “tortious”, “tortious liability” and “tortfeasor” ? Tortious acts frequently occur in our daily life. Can you describe a situation where you think a tort arises ? 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 ? 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 The Outline Negligent tort * Meaning of negligence Components of a negligent tort: Duty of care Defenses to negligent torts Cases for in-class discussion Strict liability * Meaning of strict liability The main torts where strict liability applies Limitations on strict liability Cases for in-class discussion Lecture 8 Tort Law General Introduction The definition of tort - A civil wrong wherein one person’s 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 conduct to be distinguished from all non-tortious conduct. 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. Conflict The courts standing change confronted with the conflicting purposes of tort law. Tort, Contract Crime Tort and breach o