Law of Torts Professional Neligence侵权行为法专业疏忽.doc

Law of Torts Professional Neligence侵权行为法专业疏忽.doc

  1. 1、本文档共26页,可阅读全部内容。
  2. 2、原创力文档(book118)网站文档一经付费(服务费),不意味着购买了该文档的版权,仅供个人/单位学习、研究之用,不得用于商业用途,未经授权,严禁复制、发行、汇编、翻译或者网络传播等,侵权必究。
  3. 3、本站所有内容均由合作方或网友上传,本站不对文档的完整性、权威性及其观点立场正确性做任何保证或承诺!文档内容仅供研究参考,付费前请自行鉴别。如您付费,意味着您自己接受本站规则且自行承担风险,本站不退款、不进行额外附加服务;查看《如何避免下载的几个坑》。如果您已付费下载过本站文档,您可以点击 这里二次下载
  4. 4、如文档侵犯商业秘密、侵犯著作权、侵犯人身权等,请点击“版权申诉”(推荐),也可以打举报电话:400-050-0827(电话支持时间:9:00-18:30)。
查看更多
Law of Torts Professional Neligence侵权行为法专业疏忽

Law of Torts: Professional Negligence @ Nature of Tort (2) @ Duty of Care in Negligence (3) @ Professional Negligence (7) @ Standard of Care (11) @ Causation (14) @ Remoteness (16) @ Defamation (20) @ Defence to Tort (22) Tutorial (26) @ Nature of Tort A tort is a species种, 類, of civil injury or wrong. The distinction between civil and criminal wrongs depends on the nature of the appropriate remedies provided by law. A civil wrong is one which gives rise to civil proceedings which have as their purpose the enforcement of some right claimed by the plaintiff as against the defendant. Criminal proceedings, on the other hand, are those which have for their object the punishment of the defendant for some act of which he is accused. ( p8 Salmond ) The Law of torts is concerned with those situations where the conduct of one party causes or threatens harm to the interests of other parties. ( p3 Street on Torts ) The difference between a claim in tort and contract The function and the anomalies, 异常的 of torts as a system of loss distribution in society are illustrated when we consider the overall provision made for the compensation of personal injuries that means whether the victim can successfully in establishes that his injuries are someone elses fault 缺陷, 故障. As for contracts, the claim is on compensation補償, on breach of the contract between contracting parties, the remedies available are: 1. Damages害賠償 2. Rescission 撤銷 3. Specific Performance 強制履約 4. Injunction 強制令 5. Rectification改正 As for torts, the general remedies are: 1. Damages 2. Self-help, eg distress 危難 damage feasan件義務之履行 3. Injunction 4. Specific Restitution賠償, 歸還, of Property *Note that in civil law system, like France, there is no difference between contract and torts, they place the concept of breach of obligation which cause resulting damages to others. How to classify torts We may classify torts in various heads, one kind of grouping by Harry Street: 1. Tort of Negligence 2. Tort of Strict Liability 嚴格法律

您可能关注的文档

文档评论(0)

erterye + 关注
实名认证
内容提供者

该用户很懒,什么也没介绍

1亿VIP精品文档

相关文档