第五讲 侵权法

Torts侵权法 一、Intentional Torts故意侵权 1、Battery非法侵犯(殴击) Battery is the intentional tort that protects a person’s interest in freedom from unwanted body contact. To maintain a battery action, a plaintiff must establish three elements: (1) a contact (2) that is harmful or offensive (3) that the defendant caused contact intentionally 2、Assault威胁、企图伤害 Tort law protects plaintiffs from the apprehension of contact through the tort of assault, even if contact never occurs. 3、False Imprisonment非法拘禁 An actor is subject to liability to another for false imprisonment if: (1) he acts intending to confine the other or a third person within boundaries fixed by the actor, and (2) his act directly or indirectly results in such a confinement of the other, and (3) the other is conscious of the confinement or is harmed by it. 4、Trespass to Land侵入他人土地 One is subject to liability to another for trespass to land, irrespective of whether he thereby causes harm to any legally protected interest of the other, if he intentionally: (1) enters land in the possession of the other, or causes a thing or third person to do so, or (2) remains on the land, or (3) fails to remove from the land a thing which he is under a duty to remove. 5、Trespass to Chattles侵害他人的动产 6、Conversion侵占 It is sometimes said that the primary distinctions between conversion and trespass to chattels are the degree of the invasion. 7、Intentional Infliction of Emotional Distress精神上的极度痛苦 二、Defenses to Intentional Torts故意侵权的抗辩事由 1、Consent(原告的)同意 Consent is a defense to an intentional tort claim. 2、Self Defense自身防卫 3、Defense of Property防卫财产 4、Necessity紧急避险 (1)Private Necessity为私人利益而紧急避险 (2)Public Necessity为公共利益而进行的紧急避险 三、Negligence疏忽,大意 Negligence cases involve claims that the defendant engaged in behavior without due care foe the risks involved. With negligence, the focus is on whether the risk was foreseeable, and whether defendant’s conduct fell below the level expected of a reasonable person in light of the foreseeable risks. In order for a plaintiff to be successful in bringing a negligence cause of action, the plaintiff must prove all the following elements of a negligence claim. (1)A Duty of Due Care要有谨慎的义务 (2)Breach of the Duty违反了这个义务 (3)Causation因果关系 他的违反责任和义务,与结果之间是有关系的。 (4)Damages有损害存在 四、Damages for Personal Injuries人身损害赔偿 1、Economic Loss经济损失 2、Non-Economic Losses:Pain and Suffering 3、Loss of Consortium配偶权的丧失 4、Future Damages将来的损失 5、Punitive Damages惩罚性赔偿 五、Defenses抗辩 1、Defenses Based on the Plaintiff’s Conduct基于原告自身行为的抗辩 (1)Contributory Negligence混合过失(被告免责) (2)Comparative Negligence混比较失(责任分担) (3) Assumption of Risk自担风险 2、Other Defenses: Limitation and Immunities其他抗辩:时效和豁免 (1)Statutes of Limitation and Repose诉讼时效和除斥期间 (2)Immunities豁免(略) 六、Products Liability产品质量责任 Special liability of seller of product for physical harm to user or consumer. One who sells any product in a defective condition is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if: (1)The seller is engaged in the business of selling such a product, and (2)Without substantial change in the condition in which it is sold 七、Defamation名誉侵权 (1) a dead person cannot be defamed. (2) corporations cannot sue for defamation 八、The Privacy Torts隐私侵权 1、Intrusion非法侵入 A party uses the intrusion tort when someone else has violated that person’s personal or private space. 2、Appropriation of Name or Likeness 3、Publication of Private Facts指公布他人的私人信息。 4、False Light错误地暴露某人的隐私或者信息