The Law of Tort(m) 法律英语教程课件.ppt

CONVERSION(对他人财产的非法侵占)---- Conduct by the defendant with intent to cause, and actually and proximately did cause, a serious interference with the plaintiff’s possessory rights in personal property. NUISANCE(滋扰)---- Conduct by the defendant with intent to cause, and actually and proximately did cause, through a non-trespassory invasion, a significant interference with P’s use and enjoyment of his land. Cases for thinking: 1. International Telecom Ltd. is engaged to lay telephone cables along a street in Tai Po. During the course of the work, James, a labourer employed by the company, fails to fence off a hole in the road. A blind man falls into the hole and is injured. Advise International Telecom Ltd. 2. Red Gossip Ltd published in its newspaper a fictional, glamorous and dissolute lifestory of a barrister named “Bugsy Deng”. In fact , there is a happily married barrister with the same name of Bugsy Deng. He is unhappy with the story and intends to sue the company for libel. Advise the company. 3. Arnold Wong runs a tropical fish shop in Mongkok, and imported a large number of piranhas (voracious South American fish) from Brazil. Owing to lack of space in his shop, he decided to keep them in plastic tanks in the backyard of his house in Hong Kok Yuen, a residential estate. In the night, Arnold’s dog, while chasing a cat knocked the tanks over, and the piranhas were washed into the neighbour’s swimming pool. The next morning, Peng Fat took a swim in the pool and was severely bitten by the piranhas. There were no indications that Arnold was negligent. Advise Peng Fat of his remedy, if any, against Arnold. Cases for reading: Wassell v. Adams Wassell is visiting her fiancé north of Chicago At 1:00 AM, hears a knock on the door; didn’t see anyone; thinks it is her fiance; opens door anyway Stranger sexually assaults her She sues motel owners for failing to warn of high-crime area Jury assesses damages at $850,000; but says Wassell contributed 97% of the neglig