M1 Chapter summary Ch. 7 - The law of Tort INTENTIONAL TORTS: I.Trespass to land (intentional tort) an intentional, volitional act causing a physical invasion of a plaintiff’s land. Trespass to land (NB: involves P’s 1 interest in the exclusive possession of the property, requires intent and an actual physical invasion, but does not require any harm at all to the property.) A.Elements to trespass to land 1.Physical invasion (person, tree limb overhangs P’s land, D2 ﬂoods P’s land, etc.) 2.Possessory interest 3.Intent (unlike other intentional torts, intent refers not to consequences, but merely to the entry) 4.Land (includes space above and below the surface, which the owner may reasonably and lawfully make use). 5.Damages (need not be proved, but may be presumed). II.Trespass to person (intentional tort) A.Assault a volitional act, done with the intent to create a reasonable apprehension of a battery or the intent to commit a battery, causing a plaintiff to experience a reasonable apprehension of a battery. 1.Elements to assault a)Apprehension b)Imminent contact B.Battery a volitional act, done with the intent to inﬂict harmful or offensive contact, which causes a plaintiff to suffer a harmful or offensive contact.
P = plaintiff D= defendant
1.Elements to battery a)Harmful or offensive contact b)Person of another c)Intent d)Causation e)Damages C.Cases / Law 1.Wilson v Pringle (1987) QB 237 D.Defamation (intentional tort) 1.Slander (≈ spoken) 2.Libel (≈ written) a)Defenses to defamation (1)Truth (2)fair comment (3)absolute privilege E.Cases / Law 1.Sim v Stretch (1936) 2.Monson v Tussands (1894) 3.Defamation Act 1996 4.The Robbie Williams libel case
F.Defenses to intentional torts 1.Consent 2.Self defense 3.Defense of others
4.Defense of property 5.Necessity ⇒ public or private NEGLIGENCE: III.Negligence A.Elements 1.Duty (foreseeability; standard of care: reasonable person in the circumstances) see Donoghue v Stevenson (1932) AC 562;
argument by the Republicans: First, they start by making stuff up. You kind of have to wonder if any of them actually read the bill: 137 new agencies - not true; new IRS agents' not true; death panels - not true; Members aren't covered - not true; no tort reform in it - not true.
"You know, I want to just advise people watching at home playing that now popular drinking game of you take a shot whenever the Republicans say something that's not true, please assign a designated driver. This is going to….
Law is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets). Property law defines rights and obligations related to the transfer and title of personal (often referred to as chattel) and real property. Trust law applies to assets held for investment….
La pluralité de responsables en droit anglo-saxon par Ken OLIPHANT∗ Director, Institute for European Tort Law, Vienna Professor of Tort Law, University of Bristol
1. - Auteurs multiples. Le présent séminaire portant sur la causalité, cette contribution traitera des « auteurs multiples », situation rencontrée lorsque deux ou plusieurs personnes (D1, D2, etc…) ont causé un acte dommageable à la victime (V), dans des circonstances qui les lieraient sous l’angle de la responsabilité civile. Par ailleurs….
Question A The man in the street might legitimately expect the Common law to have developed a means by which persons who suffer personal injury or damage to their property due to the release of dangerous substances outside the walls of a facility would recover compensation without having to prove fault on the part of those who operate that facility.
Assess the extent to which this expectation is realised by the so-called Rule in Rylands v Fletcher as amended and restricted up to the present date….
Subject : tort is often described as a civil wrong. Please comment in 300 words.
Tort is generally defined as a wrongful act or an infringement of a right leading to legal liability. It can be intentional or from carelessness (called 'negligence'). It is consequently concerned with private law and specifically wrongs which are committed in your relations with other individuals (outside the scope of contract law). Is this definition sufficient to understand this concept or should it include other….
Introduction to English common law
Bernard Cros L1 – UPA - 2011
Senior Lecturer University of Paris Ouest Nanterre La Défense English Department
Brunon Anne et al. The English of Law: England and Wales. Paris: Belin, 2006. Ouvrage également utilisé en L2 pour les deux semestres. Vous retrouverez la plupart des éléments de ce cours dans le chapitre I du livre. Vocabulaire spécifique, concepts : fiches, apprendre par cœur. Compléter le cours avec le livre.
Third class honours
Ordinary, pass degree: Mention passable
Main lectures: Cours magistraux
Law of taught: Délits
Skills for advocacy: L'art de plaidoyer
Single law honour degree: Une seule matière, le droit
To pile up: Empiler avec d'autres cours
Land law: Droit rural
LLB: Professional degree, law degree
Community life: Vie associative
Mock trial mooting: Cours de plaidoirie
Number of needs: Répondre….
PRIVATE LAW 1 7
TORTS, DELICTS AND QUASI-DELICTS 7
SESSION 4: AREAS OF PRIVATE LAW 2 9
SESSION 5: AREARS OF PRIVATE LAW 3 11
PROPERTY SECURITY / COLLATERAL INTERESTS IN PROPERTY 11
SESSION 6: STUCTURING THE BUSINESS 15
SESSION 7: CROSS BORDER ACTIVITIES 18
SESSION 8: CROSS BORDER CONTRACTS 20
SESSION 1: Regime types and Organizational structures of government
Slide 4: Democratic
– Constitutional government= a set of rules for the people who make the law
show he has a pre existing right over A, binding to C (prima facie). B has a persistent right whenever he can show that A is under a duty to B in relation to a specific thing.
How are property rights protected ?
The ownership in the common law system cannot be summoned directly : it is done indirectly. B will have to show that he has a property right over a thing, and that C is interfering with B's thing, meaning he is in breach over the duty not to interfere with B's property rights. C….
Intro à la Common Law
Brunon Anne, The English of law: England & Wales.
* The Queen has no real power: “the Queen reigns but does not rule”
* Political power is in the hands of parliament and of government
* Queen’s role = a symbol of continuity and unity of the kingdom and the Commonwealth of Nations (international)
* Elisabeth II (crowned 1952)
* Often called the British CMW, or just the CMW
* Founded in 1926 by the Statute of Westminster….