Tort law
a tort occurs when there is a breach of a general duty fixed by civil law
it is owed to the public at large
the relevant action is directed towards compensation for the damage done by the wrongdoer
the defendant must have committed the act (breach of a duty)
damage has been caused as a result of the behaviour of the defendant
it may require fault or a particular state of mind
in common law the most important is the tort of negligence
compensation
The two main ways to compensate are
restitution in integrum
remedies
compensatory damages: damages recovered in payment for
economic loss
actual injury
it does not include punitive damages
it is divided in
general damages
special damages
the presence of the duty to mitigate element
monetary recovery in a lawsuit for injuries suffered
breach of contract with impossibility of indicating the precise amount
they are for specific costs
malice intent but not punitive
party's obligation to make a reasonable effort to mitigate the impact of the other unlawful behaviour
if there was not reasonable efforts
damages could be
totally excluded
partially excluded
non compensatory damages
exception to the rule
not intended to compensate
bu to correspond the advantage
categories
contemptuous damages: there was a violation but of trivial nature
nominal
legal injury without a actual loss: iniuria sine damno
aggravated: Damages assessed to compensate a claimant for the additional distress or injury to feelings arising from the manner in which the defendant committed the wrong against him
exemplary damages
as a result of a particular behaviour
not as equivalence to the damage
equitable remedies
They are awarded when legal remedy is not sufficient
injunction
cease to do a specific acction
or do a specific action
damages could be
phiscial
emotional
Financial
certain examples
trespass
assault
negligence
in business
Fraudulent misrepresentation
Interference in contractual relations
Unfair business practices
That means entering another persons property without permission of the owner of this agent
no lawful authority
The proof of the invasion is sufficient to demonstrate a damage
That could be also nonmaterial
Is the treat of the attempt to strengthen the other person what does successfully or not provide that to target is aware of the danger
Is regarded as both
Criminal law
Wrong
Consists in their failure to exercise of the towards others
It is based on reasonableness test
Civil prom is accidental
not intentional tort
It has certain rules on the burden of proof
The party which was negligent has specific duty which is owed to the general public or to the one injured
The defendant action was negligent, meaning that his action was not compelling, withstand a reasonable, this other person
The damages are a result of the negligence of the person
Negligence is the weather the consequences were reasonably foreseeable
It's mainly arises in contract law
Phantom Taz, intentionally or negligently, misrepresented the factor in opinion, with intention of causing the consent of the other parties to the contract
The elemental Wizard of Oz misrepresentation must be essential to the conclusion of the contract
Damages awarded to the party, which passengers Paddy concept of another person interfering contractual relationship without the party
It's includes
Presentation
False advertising
Tired selling
Manufacturing standards not resectedl
it falls into three categorie
intentional torts
negligent
strict liability
absolute liability
Santoor travels regarded by criminal always crimes
The front standard of proof
In civil law, the standard of proof is regarded as the probabilities test
Criminal law, the tests based on that beyond any reasonable doubt element
different outcomes