沙丽金版法律英语Tort Law .pptVIP

Statute of Limitations Function The statute of limitations is a defense that is ordinarily asserted by the defendant to defeat an action brought against him after the appropriate time has elapsed. Application The defendant must raise the defense before the court upon answering the plaintiffs complaint. Statute of Limitations If not, he is regarded as having waived the defense and will not be permitted to use it in any subsequent proceedings. Tolling the statute Most jurisdictions provide that limitations are tolled under certain circumstances. The aggrieved party (plaintiff) is a minor. The plaintiff has filed a bankruptcy proceeding. Shopkeepers Privilege General In some jurisdictions of the US, the courts recognize a common law shopkeepers privilege, under which a shopkeeper is allowed to detain a suspected shoplifter on store property for a reasonable period of time, so long as the shopkeeper has cause to believe that the person detained in fact committed, or attempted to commit, theft of store property. Shopkeepers Privilege Requisite conditions Investigation on or near premises The detention itself should be effected either on the store premises or in the immediate vicinity thereof. Reasonable suspicion The shopkeeper has reasonable grounds to suspect the particular person detained is shoplifting. Reasonable force only Shopkeepers Privilege Only reasonable, non-deadly force is used to effect the detention. Reasonable period and manner of detention The detention itself may be for only the time necessary to make a reasonable investigation of the facts. Property Torts General Definition Property torts are a specific class of intentional torts which arise when the right invaded is a property right rather than a personal right. Types trespass to land entering someones land without permission General trespass to chattels handling items owned by another without permission conversion taking possession of someone elses property with the intent not to return it Trespass