法律英语专题：侵权法(tort law).pptVIP

General Tort a civil wrong which unfairly causes someone else to suffer loss or harm ★It does not include breach of contract or trust. (A civil wrong can be a tort, breach of contract or breach of trust.) Purpose of tort law to provide relief to the injured party through the award of damages for the injuries incurred during a tortious act General to deter others from committing the same act US tort law Tort law in the U. S. is largely common law. Courts have the power to shape and change the elements of claims and defenses of existing torts and the power to create new torts. Statutes have been passed in attempts to ‘reform’ the tort system. General Most of them have related to procedural matters and amounts and categories of damages. Many judges utilize the Restatement of Torts (2nd) as an influential guide. The Restatement is an influential treatise issued by the American Law Institute, which summarizes the general principles of common law United States tort law. Categories of torts intentional torts General negligence strict liability torts General Definition An intentional tort is a tort resulting from an intentional act on the part of the tortfeasor. Subcategories torts against the person assault battery false imprisonment intentional infliction of emotional distress General property torts trespass to land trespass to chattels (personal property) conversion dignitary torts defamation invasion of privacy Assault Definition an intentional act that causes an apprehension of immediate harmful or offensive contact ★Apprehension is not the same as fear—here it means awareness that an injury or offensive contact is imminent. Requirements The act must be overt. Mere words do not constitute an assault. Assault There must be an accompanying act. The defendant must have the apparent ability to carry out the contact. Actual ability to carry out the contact is not necessary. The plaintiff must have a reasonable apprehension of such contact. Actual fear on the plaintiff’s par