Tort Law
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
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.
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
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.
dignitary torts
defamation invasion of privacy
Torts Against the Person
Assault
Definition
an intentional act that causes an apprehension of immediate harmful or offensive contact
it at someone pointing a gun at someone pointing a realistic toy gun at someone
Criminal assault and tortious assault
Criminal assault can occur even when no threat is perceived by the victim.
With the tort of assault, a perceived threat by the victim is paramount.
Assault
＊A defendant who throws a rock at a sleeping victim and misses can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
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.
The plaintiff must have a reasonable apprehension of such contact.
Actual fear on the plaintiff’s part is not required.
Examples
Assault
swinging a baseball bat at someone holding a rock and threatening to throw
★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.
Categories of torts
intentional torts
General
negligence strict liability torts
Intentional Torts
General
Definition
An intentional tort is a tort resulting from an intentional act on the part of the tortfeaБайду номын сангаасor.