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1、Unit 9 Tort Law,侵权法,Lead-in,没有救济就没有权利，侵权法作为对权利的救济，无论是英美法系还是大陆法系，其都是整个民法的重要组成部分。侵权行为是指行为人由于过错侵害他人的财产、人身，依法应承担民事责任的行为；行为人虽无过错，但法律特别规定应对受害人承担民事责任的其它致害行为，也属侵权行为。侵权行为一般分为故意侵权行为和过失侵权行为。故意侵权是英美侵权法中最古老的诉因，构成故意侵权责任的要件包括：故意、行为和因果关系。过失侵权指一个人没有在法律所规定的以保护其他人免受不合理的伤害危险的法律义务范围内的行为，对其责任的认定取决于谨慎义务存在与否。,Tort Law,-Tor
2、t law is the name given to a body of law that creates, and provides remedies for, civil wrongs that do not arise out of contractual duties. tort law defines what constitutes a legal injury, and establishes the circumstances under which one person may be held liable for anothers injury.,Theory and re
3、form theory: Scholars and lawyers have identified different types of damages awarded by the courts: compensatory, aggravated and punitive. British scholar Glanville Williams notes four possible bases on which different torts rested: appeasement, justice, deterrence and compensation,reform: Calls for
4、 reform of tort law come from diverse standpoints reflecting diverse theories of the objectives of the law.,Words and Expressions,tort (律) 民事侵权行为 contractual 契约的 intentional act 故意行为 negligence 疏忽；过失 tortious （律）侵权行为的；侵权行为性质的；非法行为的 intentional tort 故意侵权行为 tort liability 侵权责任 trespass 过失；罪过；侵入,real p
5、roperty 不动产 chattel （律）动产 movable property 动产 fiduciary duty 信托责任；信赖义务 privacy tort 隐私侵权 defamation 诽谤 false imprisonment 非法监禁 delict 犯罪；不法行为,tortfeasor （律）犯侵权行为者 punitive 刑法的；惩罚性的 transaction costs 交易费；交易成本 claimant （根据权利）提出要求者，原告 solvent 有偿付能力的 no-fault （汽车保险）不追究过失责任的（均予赔偿的），(律)无责任的 Command Paper
6、敕令书,Notes,intentional tort （故意侵权行为）: An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. The term negligence tort pertains to a tort that simply results from the failure of the tortfeasor to take sufficient care in
7、fulfilling a duty owed.,strict liability（严格赔偿责任）：Strict liability is a legal doctrine that makes a person responsible for the damage and loss caused by his/her acts and omissions regardless of culpability (or fault in criminal law terms, which would normally be expressed through a mens rea requireme
8、nt.,fiduciary duty（信托责任）：The fiduciary duty is a legal relationship of confidence or trust between two or more parties, most commonly a fiduciary or trustee and a principal or beneficiary.,Law of Obligations （债权法）:The Law of Obligations is one of the component private law elements of the civil law s
9、ystem.,joint and several liability（连带责任）:Under joint and several liability, a claimant may pursue an obligation against any one party as if they were jointly liable and it becomes the responsibility of the defendants to sort out their respective proportions of liability and payment.,punitive damages
10、 (惩罚性的损坏赔偿): Punitive damages (termed exemplary damages in the United Kingdom) are damages not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff. Punitive damages a
11、re often awarded where compensatory damages are deemed an inadequate remedy.,Categories of torts,Divisions: Negligence (dominant action) intentional torts.,Negligence: It include claims arising primarily from automobile accidents and personal injury accidents of many kinds, including clinical neglig
12、ence. Product liability cases may also be considered negligence actions.,The elements of negligence are: Duty of care Breach of that duty Breach being a proximate or not too remote a cause, in law Breach causing harm in fact,intentional torts: Intentional torts may be certain torts arising out of th
13、e occupation or use of land, and false imprisonment as well as defamation.,subcategories: tort(s) against the person (including assault, battery, false imprisonment, intentional infliction of emotional distress, and fraud) property torts involve any intentional interference with the property rights
14、of the claimant.,Statutory torts A statutory tort imposes duties on private or public parties, however they are created by the legislature, not the courts.(such as consumer protection) Statutory torts also spread across workplace health and safety laws and health and safety in food produce.,Nuisance
15、 The tort of nuisance allows a claimant (formerly plaintiff) to sue for most acts that interfere with their use and enjoyment of their land. Free market environmentalists would like to expand tort damage claims into pollution (i.e. toxic torts) and environmental protection.,Defamation Defamation is
16、tarnishing the reputation of someone. It is in two parts, slander and libel. Slander is spoken defamation and libel is printed and broadcast defamation. Defaming someone entails making a factual assertion for which evidence does not exist.,Words and Expressions,product liability 产品责任 toxic tort 有毒物侵权行为 Libel 以文字损坏名誉，诽谤罪，侮辱 malicious prosecution 诬告,Notes,intentional infliction of emotional distress (故意精神伤害)：Intentional infliction of emotional distress (
