1. INTRODUCTION

A Tort is a Civil Wrong which the Law Provides a remedy.
A person who is responsible for inflicting the injury or incur liability (defendant) is called Tortfeasor.
A person who is sustains the injury or suffer pecuniary damages (Claimant) is called Plainiff.
Since Tort is a Civil action if it goes to Trial this is referred to as "To Sue" or "To Bring an Action".
In burden of prove (Obligation to prove fact) the Plaintiff must show fault in the part of the Defendant.
Joint and Several Liability: describes the situation when more than 1 person cause harm to the Plaintiff means that they are all liable to be sue by the Plaintiff.
Vicarious Liability: an employer/master is liable for his/her employee wrongful act. Thus a company will be held liable for its employee torts committed in the course of employment. However wrongful act by an individual contractor do not give rise to VL because he/she is self employed and thus responsible for his/her own action.
Requirements: A Plaintiff must establish that the Tortfeasor was under a legal duty to act in a particular fashion. The Plaintiff also have to demonstrate that the Tortfeasor have breached this duty. Then the Plaintiff must prove that he/she suffer or loss are directly linked to the fact that the Tortfeasor breached his/her duty.

2. TYPES OF TORT CONDUCT
1. Intentional Interference:
A. Intentional interference with the Person:
Intentional and Direct interferences; also referred to as Trespass to the Person. The main forms are;

Battery; This act is directly and physically affects the Plaintiff.
Assault: This act gives the Plaintiff fear of being hurt by the Tortfeasor.
False Imprisonement: This is committed by intentionally and directly placing a total restraint on the liberty of the Plaintiff.

B. Intentional Interference with Property:
This act covers both interference with personal property and land.

C. Intentional interference with Chattels:
Includes: Goods, Cheques, Negotiable Instrument and Money. Also include Intellectual Property Rights; Copyrights & Patents.

D. Conversion:
This act goes beyond Trespass and Chattels. The Tortfeasor denied the Plaintiff right to possess the Chattels. Ex: Yudistira sells an Apple from Harits Garden, Yudistira does not have the right to sell those apples because it is not his Goods.

E. Intentional interference with Land: (Trespass)
This tort is to protect the Plaintiff right to the peaceful possession of his/her own land.

F. Defences to the Intentional Torts:

Consent.
Inevitable Accident.
Defences of the Person.
Defence of Property.
Necessity (Ex: A doctor give medical help to someone who is unconscious to save that person live without that person consent since that person is not able to give so).
Lawful Arrest (Include Search and Seizure)

	Erstellt von ndmusiawan vor fast 12 Jahre

Notiz am English Legal Terminology: TORT Terminology, erstellt von ndmusiawan am 16/12/2014.