Tort Law
Background
Tort
The breach of a duty that results in an injury for which there is a remedy at law.
Torts include all negligence cas as well as intentional wrongs which result in harm.
Tort
A tort (originally from the Old French, meaning "wrong", from medieval Latin “tortum”, also meaning "wrong", past participle of torquere "to twist") is, in common law jurisdictions, a wrong that involves a breach of a civil duty owed to someone el. It is differentiated from criminal wrongdoing which involves a breach of a duty owed to society.
A person who suffers legal damage may be able to u tort law to receive damages (usually monetary compensation) from someone who is responsible or liable for tho injuries. Generally speaking, tort law defines what is a legal injury and what is not. A person may be held liable (responsible to pay) for another's injury caud by them.
Torts can be classified in a number of different ways, one is to distinguish according to degree of fault, so that there are intentional torts, negligent torts, and strict liability torts.
Category of Torts
侵权行为可以分为故意侵权行为(intentional tort)、过失侵权行为(negligence or negligent tort)和严格责任侵权行为(strict liability tort);也可以分为人身侵权行为(personal tort)和财产侵权行为(property tort);此外还有宪法侵权行为(constitutional tort)、政府侵权行为(government tort、夫妻侵权行为(husband-wift tort)、海上侵权行为(maritime tort)、汽车侵权行为(automobile tort)、准侵权行为(quasi tort)等概念。对
侵权行为的救济方法是对侵权行为所造成的损害予以一定的金钱补偿。
Part 1: 运气差
; Introduction
1. Automobile猴脑汤
accidents
damages claims要求赔偿
most civil suits大多数民事诉讼
tort law侵权法
Many circumstances
The plaintiff in a civil suit is ordinarily entitled to try his claim before a jury which will often rely more on human than on legal considerations……
民事诉讼的原告通常会向陪审团提出索赔主张，这主要是出于人道的考虑而不是法律的考虑。
Compensation and damages
补偿费和损害赔偿金
Actual loss 实际损害
Intangible damage 无形损害
A plaintiff can play on the human reaction of the jury
原告利用陪审团的人性反应
American law permits
the participation of the attorney in the plaintiff’s recovery (contingent fee)
美国允许律师分享原告所获得的赔偿金（胜诉酬金）
Amount to 25 to 33% of the verdict
酬金达到法院判付金额的25-33%。
A tort action 侵权诉讼
A lengthy proceeding诉讼程序时间长
Large expens — honoraria for experts 代价大（专家证人的酬金）
A very large verdict （ in excess of $100000）判决金额非常大（10万美元以上）
2.Tort law and the law of contracts overlap
An injury party has the choice between a tort claim and a suit in contracts.
Conversion非法占有财产
Personal injury人身伤害
Implied contract默示合同
Personal injury人身伤害
Breach of warranty违背保证诺言
3.Everyone is liable for his tort act ,每个人都要对其侵权行为负责，
in limited form also children （however, parents only when they acted腊肉的家常做法
as the child’s agent or did not comply with their duty to supervi）,
– 在有限的情况下儿童亦然（但是，父母仅当其作为该儿童的代理人或未能按照其监护义务行事时才负此责），
bu苦杏仁
t not the state unless express statutory provision has abolished state immunity .
– 但国家不在此列，除非法律明文规定取消了国家的豁免权。
Federal Tort claims Act（ FTCA ）
The FTCA permits recovery of money damages becau of a negligent or wrongful act or omission by the Federal Government or an employee of the Federal Government while the employee was acting within his/her scope of employment or office.
4. Everyone is protected against tortious act, including the embryo.
每个人包括胎儿都受保护，免遭侵权行为的伤害。
The heirs or next of kin may have a damage claim for the intentional or negligent death of their relative or testator (wrongful death action )
继承人或近亲属可以对他们亲属或立遗嘱人因故意或疏忽侵权造成的死亡（非正常死亡之诉）提出损害赔偿要求。
“dram- shop acts” 小酒店法令
A party injured as a result of the intoxication of the tortfeasor has a claim against him who contributed to the tortfeasor’s intoxication.
作为侵权行为人醉酒之结果而受到伤害的当事人有权向造成该侵权行为人醉酒的人提出索赔请求。
“dram- shop acts”
Dram Shop acts, enacted in the 19th century, usually impo liability for negligence on the llers of alcoholic beverages for sales to:
– persons under the legal drinking age, or
– tho who are obviously intoxicated.
People who rve alcoholic beverages may be liable under state laws for damages resulting from the consumption of tho beverages.
drunken driving
Part 2: Intentional Torts故意侵权行为
Intentional torts are any intentional acts that are reasonably foreeable to cau harm to an individual, and that do so. Intentional torts have veral subcategories, including torts against the person, including assault, battery, fal imprisonment, intentional infliction of emotional d工行女
istress, and fraud.
Intentional Torts
Property torts involve any intentional interference with the property rights of the claimant(plaintiff). Tho commonly recognized include trespass to land, trespass to chattels(personal property), and conversion.
