Suchergebnisse

Defining tort law -- Aims, policies, history and methods of tort law -- Tort law in practice -- Direct and intentional interference with the person -- Intentional interference with real property : trespass to land -- Intentional interference with tangible personal property : trespass to chattels and conversion -- Defenses to intentional torts -- Consent -- The negligence action : an introduction -- Duty and the ordinary standard of reasonable care under the circumstances -- Importing statutory standards of care : negligence per se -- Breach of duty -- Proving negligence claims -- Actual harm & factual cause -- Scope of liability (Proximate cause) -- Fault of the plaintiff -- Assumption of the risk -- Statutes of limitation and federal preemption -- Expanded duties of care : carriers, innkeepers and fiduciaries -- Premises liability -- Liability of health care providers -- Liability of government entities, officers and employees -- Family members and charities -- Professional risk-takers -- Limiting liability for nonn-action -- Duty to protect from third persons and from self-harm -- Prenatal and birth-relate injury -- Wrongful death and survival actions -- Emotional harm -- Nuisance -- Vicarious liability for physical harms -- Products liability -- Damages -- Apportionment of liability among parties -- Alternative systems forr compensating injury -- Defamation -- Privacy -- Misusing judicial process -- Interference with family relationships -- Economic torts and economic loss rules -- Interference with contract and economic interests -- Misrepresentation and falsehoods -- Economic harm to intangible interests by conversion or spoliation -- Legal malpractice -- Unfair competition : trademarks, trade secrets and publicity rights

Interspousal tort immunity has a lengthy, rich, and interesting history. But since 1970, courts and legislatures have been increasingly willing to abolish immunity, transforming it into a minority rule which appears destined for widespread elimination by the year 2000. Montana's recent experience is typical. In 1979, the Legislature abolished the rule for intentional torts. However, the Montana Supreme Court has retained the doctrine in the negligence context. The court has recently agreed to reconsider negligence immunity and, should it refuse to change the rule, the Legislature may well address the issue. Thus, it is now appropriate to analyze whether Montana should eliminate interspousal tort immunity in negligence actions. This essay first surveys immunity's history. Because the question of tort immunity has essentially become a debate over the public policy reasons for the doctrine's abolition or continued application, the paper then examines those rationales. This assessment yields the conclusions that the arguments for elimination are more persuasive than those favoring retention and that continued application of the rule serves virtually no useful purpose. Therefore, abolition of negligence immunity is warranted. Finally, the essay explores significant implications of abolition.

Tort law is often seen as a tool for protecting privacy. But tort law can also diminish privacy, by pressuring defendants to gather sensitive information about people, to install comprehensive surveillance, and to disclose information. And the pressure is growing, as technology makes surveillance and other information gathering more cost effective and thus more likely to be seen as part of defendants' duty to take "reasonable care." Moreover, these tort law rules can increase government surveillance power, and not just surveillance by private entities. Among other things, the NSA PRISM story shows how easily a surveillance database in private hands can become a surveillance database in government hands. This Article aims to provide a legal map of how tort law can diminish privacy, and to discuss which legal institutions-juries, judges, or legislatures-should resolve the privacy-versus-safety questions that routinely arise within tort law.

Tort law is often seen as a tool for protecting privacy. But tort law can also diminish privacy, by pressuring defendants to gather sensitive information about people, to install comprehensive surveillance, and to disclose information. And the pressure is growing, as technology makes surveillance and other information gathering more cost effective and thus more likely to be seen as part of defendants' duty to take "reasonable care." Moreover, these tort law rules can increase government surveillance power, and not just surveillance by private entities. Among other things, the NSA PRISM story shows how easily a surveillance database in private hands can become a surveillance database in government hands. This Article aims to provide a legal map of how tort law can diminish privacy, and to discuss which legal institutions-juries, judges, or legislatures-should resolve the privacy-versus-safety questions that routinely arise within tort law.

Derived from the renowned multi-volume 'International Encyclopaedia of Laws', this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Portugal. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person?s most fundamental rights on a worldwide scale.00Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered