沙丽金版法律英语.pptVIP

General Definition Tort law is the body of law that deals with civil wrongs, except those that arise from contract problems. Purpose to compensate an injured party through the award of damages for the injuries incurred during a tortious act General Underlying policy considerations maintenance of a peaceful society deterrence social responsibility the balancing of economic interests against societal benefits General Definition any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so Intent Intent is most often proved through circumstantial evidence—the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived. General Transferred intent Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead. Under the law, the individual causing the harm will be seen as having intended the act by means of the transferred intent doctrine. General Subcategories Torts against the person assault battery false imprisonment intentional infliction of emotional distress Property torts trespass to land trespass to chattels (personal property) conversion Assault Definition (in common law) an intentional act that creates an apprehension of an imminent harmful or offensive contact Assault and battery As distinguished from battery, assault need not involve actual contact—it only needs intent and the resulting apprehension. wielding a knife Assault yelling the word snake to a person whom you know is in fear of snakes Criminal assault and tortious assault In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim. Assault With the tort of assault, a perceived threat by the victim is param