FLSB-Topic-4-Tort

FLSB-Topic-4-Tort - Society and BusinessTopic 4Tort(1...

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1 Society and Business- Topic 4- Tort (1) Introduction to the law of tort Difference between contract and tort Difference between crime and tort Classifications of tort Vicarious liability
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2 Definition of tort It s a civil wrong entitling an injured person to bring a civil claim, usually for compensation against the wrongdoer It s not designed to punish the wrongdoer but to compensate those who have suffered.
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3 Introduction Tort is a civil wrong. Tortious liability arises from breach of a duty fixed by law Tort is to regulate behaviour
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4 Difference between contract and tort A contract binds only those who are party to the contract. The law of tort sets standards with which everyone must comply. The law of tort applies to everyone and imposes duties on all of us , whether or not we agree with them. Each of us owes a duty to everyone around us and can expect a corresponding duty from everyone else.
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5 Difference between tort and contract breach of a duty by law VS by contract duties existed by law VS by agreement compensation for harms VS enforce promise damages to place P in position he would have been in as if tort had not been committed VS damages to place P in position as if contract had been performed
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6 Difference between tort and crime damages for compensation VS punishment (Fine or imprisonment consequence or orderlies social service order) compensate for invasion of one s protected interests (individual interest) VS public safety and pubic security action by individual VS action by Govt. intention irrelevant generally VS Action+intention
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7 Protection to judges There s no claim in tort against judges acting in their judicial capacity. We cannot bring a civil action against a judge who need not fear claims by aggrieved litigants who are unhappy with the result of their judgments. Cannot sue the judge for defamation also.
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8 Classification of Tort (refer to supplementary notes) Trespass to the person: assault, battery and false imprisonment Trespass to the property/land: wrongful entry and wrongful interference with the possession Wrongs to person or property: nuisance and negligence Wrongs to reputation: defamation (slander and libel)
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9 Tort (2)-Negligence Introduction to negligence Essential elements to establish negligence Res ipsa loquitur Remoteness of damage Professional negligence
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10 Negligence a distinct tort loss resulting from failure to take reasonable care when there is a duty to do so
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