POL-Sept17

POL-Sept17 - Allegations must be proved Common Law(body of...

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Plaintiff – injured person Defendant – wrong doer Tort law is private law -must be actionable wrong – law recognizes the action as ‘wrong’ Two types of tort -Intentional and Unintentional Intentional is most common -prove that offense occurred intentionally -personal harm is not required -deformation – something said if believed would be harmful, written is liable and spoken is slander -Actionable per se - no physical harm -Examples of actionable per se, trespass, deformation and unlawful imprisonment -Conversion (theft) -Battery (assault) can just be the threat -Wrongful death (think OJ) -Balance of probability – OJ most likely killed his wife -If convicted criminally, one has no defense in a tort case Absolute privilege – can’t sue for deformation if you say something in court or parliament Pleadings – in defense or for remedy
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Unformatted text preview: Allegations must be proved Common Law : (body of law) is made by judges, by precedent 1066 King’s Justice with Norman conquest of England 13 th century, judges began to record decisions and precedents began Stare decisis – the decision stands, courts below or after must follow-reason for decision (ration decedendi) is important Statute Law: Ex. Highway Traffic Act, Consumer Protection Act-word ‘Act’ signifies Statute Law-enactment by parliament Negligence Law General Societal Standard – ‘should have know better’ Loss fixing – finding fault Loss spreading – giving money to plaintiff Liability Insurance-Conduct not result (how it happened)-Liability in tort is a judgement on activity-Plaintiff only entitled to what defendant is liable to pay Read: Everything under duty of care. (1-14 1-42)...
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POL-Sept17 - Allegations must be proved Common Law(body of...

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