法律英语专题：侵权法(tort-law).ppt

Tort Law GeneralTorta 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 lawto provide relief to the injured party through the award of damages for the injuries incurred during a tortious act Generalto deter others from committing the same actUS tort lawTort 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. GeneralMost 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 tortsintentional torts Generalnegligencestrict liability torts Intentional Torts GeneralDefinitionAn intentional tort is a tort resulting from an intentional act on the part of the tortfeasor.Subcategoriestorts against the personassaultbatteryfalse imprisonmentintentional infliction of emotional distress Generalproperty tortstrespass to landtrespass to chattels (personal property)conversiondignitary tortsdefamationinvasion of privacy Torts Against the Person AssaultDefinitionan 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.RequirementsThe act must be overt.Mere words do not constitute an assault. AssaultThere 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 plai