POL-Sept17

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

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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 Kings 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...

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