简明侵权法教程(英文).doc

简明侵权法教程（英文） Chapter 1 INTRODUCTION I. GENERAL INTRODUCTION A. Definition of tort: There is no single definition of tort. The most we can say is that: (1) a tort is a civil wrong committed by one person against another; and (2) torts can and usually do arise outside of any agreement between the parties. B. Categories: There are three broad categories of torts, and there are individual named torts within each category: 1. Intentional torts: First, intentional torts are ones where the defendant desires to bring about a particular result. The main intentional torts are: a. Battery. b. Assault. c. False imprisonment. d. Infliction of mental distress. 2. Negligence: The next category is the generic tort of negligence. Here, the defendant has not intended to bring about a certain result, but has merely behaved carelessly. There are no individually-named torts in this category, merely the general concept of negligence. 3. Strict liability: Finally, there is the least culpable category, strict liability. Here, the defendant is held liable even though he did not intend to bring about the undesirable result, and even though he behaved with utmost carefulness. There are two main individually-named torts that apply strict liability: a. Conducting of abnormally dangerous activities (e.g., blasting); and b. The selling of a defective product which causes personal injury or property damage. C. Significance of categories: There are two main consequences that turn on which of the three above categories a particular tort falls into: 1. Scope of liability: The three categories differ concerning D’s liability for far-reaching, unexpected, consequences. The more culpable D’s conduct, the more far-reaching his liability for unexpected consequences – so an intentional tortfeasor is liable for a wider range of unexpected consequences than is a negligent tortfeasor. 2. Damages: The measure of damages is general