TortLaw(美国侵权法).-1.doc

Tort Law Tort law is a body of law that deals with civil wrongs, except those that arise from contract problems. The purpose of tort law is to compensate an injured party through the award of damages for the injuries incurred during a tortious act. Categories There are three broad categories of torts: 1. Intentional torts: 2. negligence 3. strict liability 1. Intentional torts: Intentional torts are ones where the defendant desires to bring about a particular result. Intentional torts include actions that the layperson often associates with criminal law but are also covered by tort law. The main intentional torts against persons are: a. battery. b. assault. c. false imprisonment. d. intentional infliction of emotional distress. The main intentional torts against property are: a. trespass to land. b. trespass to chattels. c. conversion 2. Negligence: The defendant has not intended to bring about a certain result, but has merely behaved carelessly. There are no individually-named torts in this category, merely the general concept of "negligence." (generic tort) 3. Strict liability: The defendant is held liable even though he did not intend to bring about the undesirable result, and even though he behaved with utmost carefulness. INTENTIONAL TORTS Assault Battery False imprisonment Intentional infliction of emotional distress Trespass to land Trespass to chattels, and Conversion Assault and battery Assault and battery are intentional torts, meaning that the defendant actually intends to put the plaintiff in fear of an imminent battery, or intends to wrongfully touch the plaintiff. The wrongful touching need not inflict physical injury, and may be indirect. (contact through a thrown stone, spitting) Assault Assault occurs when the defendant's acts intentionally cause the victim's reasonable apprehension of immediate harmful or offensive contact. In other words, the defendant has committed the tort of assault if he has intentionally caused the pl