English Legal Terminology: TORT Terminology

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 CONDUCT1. 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)

2. Negligence Negligence is an unreasonable but intentional interference with the Plaintiff's legally protected interest. There's requirements to determine an act to be Neglogence;            - There must be a Duty of Care recognized by Law.          - There must be a Breach of Duty of Care.          - There must be Damage resulting from that Breach.3. Defenses Contributory Negligence (When the Injury sustained by the Plaintiff have been proved to also be contributed by the Plaintiff negligence). Volenti non Fit Injuria (The plaintiff give his/her consent to take the risk beforehand)

3. Statutory Product Liability English Statute law impose Strict Liability (Liability without fail) for defective products causing damage to Customer's. In this case the person who is hold responsible is the Producer of the product and the supplier can only be liable if he/she cannot identify the manufacturer or importer or the producer. Requirements: There has to be a Product, a Damage, a Defect in that product and a Causation in that product caused by damage. 4. Occupier's Liability The duty of Care means that the Occupier (person(s) who owns/runs the place) is responsible for the Visitors who visit the place. (A Visitor is someone with express or implied permission) 5. Nuisance This tort relate to Land. There's 2 type of Nuisance Public Nuisance and Private Nuisance. The damage by the Nuisance have to be reasonably foreseeable. 6. Discrimination TortsEmployee may be hold liable if in the course of Employment the Plaintiff have suffer from discrimination or harassment regarding their believe, race etc.7. Defamation Defamation means that a false statement being brought into the Public attention (Published) and ruin the Plaintiff reputation. Type's: Slender and Libel.  Defences: Justification, Fair Comment, Absolute Priviledge, Qualified Priviledge and Unintentional Defamation. 8. Tort of Invasion of Privacy The wrongful intrusion into a Person's private affair. The USA recognize 4 type of this; Appropiation, Intrusion, Public disclosure of Private Facts and False Light. 9. Economic Torts Means: Liability arise for financial loss resulting from a negligent misstatement where a duty of care can be established. The claimant (Plaintiff) can use these Tort in cases like this; Deceit, Malicious falsehood, Passing off, Interference with Contract, Intimidation & Conspiracy. 10. Remedies in TortsDamages;           - Compensatory Damage (most used)          - Aggravated Damage.          - Nominal Damage.          - Contemptuous Damage.          - Exemplary Damage.Injunction (Court Order);         - Prohibitory Injunction (Court order to not do something)         - Mandatory Injunction (Court order a direct performance of positive act)         - Interim Injunction (granted before the outcome of a trial)

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