Law of Torts II – The Nature of Damage (Lecture 2)

Law of Torts II – The Nature of Damage (Lecture 2)

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Law of Torts II – The Nature of Damage (Lecture 2) Damage is the gist of an action… or is it? In negligence, any damages suffered by the P can give rise to a legal action. o The amount of damage suffered by the P can determine the outcome in negligence. o No damage, no action. In intentional torts, damage is not necessary, but it is actionable per se (actionable without damage). o No need for damage to occur to P for action to be risen. Defamation is the nature of damage that harms one’s reputation. Battery occurs if there is no constant to touch an individual, as there is a right to bodily integrity. o This also depends on the nature of the trespass. o There is also the trespassing of properly, due to the harm of the possession of property, even if there’s no damage to the property. Assault can also mean being placed in a position of a fear that they will suffer harm, such as verbal threatening. o If an individual is harm by being hit, it would be considered as battery. Nolan A consequence of “the academic neglect of the actionable damage issue is the absence of an established framework of governing principles.” o
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Law of Torts II – The Nature of Damage (Lecture 2)

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