4th exam
Tort – a wrong, an omission or a wrongful act against a person or that persons property
A breach of legal duty that proximately causes harm or injury to another
Punishable by compensating or paying damages to the injured party
The wrongdoer in a tort is the feasor
The duty that a wrongdoer violates must exist as a matter of law
Feasors are liable jointly and severely
A plaintiff upon winning can pick and choose which to collect from
To be tortious and act or an omission does not need to involve moral toritude
Does not need to involve bad motives or maliciousness
Torts are private wrongs that contrast with public crimes which are public wrongs
The purpose of criminal law is to punish the guilty, the purpose of the law of torts is to compensate the victim of wrongful conduct or injuries suffer
3 points
1) Injury may consist of past and future medical expenses, past and future loss of wages, past and future pain and suffering, past and future mental distress, and other damages that can be directly linked to the tortious conduct
2) If the victim of a tort dies, his or her beneficiaries, can bring a wrongful death action to recover damages from the defendant
3) In addition to actual damages, there can be something awarded called punitive damages, a tort can also be a crime, the victim may sue to recover damages from the wrongdoer
Scienter
Super veny event
Trademark
Patent
Copyright
Cybersquatting
The berne convention
The TRIPS agreement
Government contractor defense
Palsgraph v the long island railroad company
Conversion
Good Samaritan laws
Bycarius liability
Tort
Res ipsa loquitur
Slander
Nuisance
Negligence
Libel
Liability
Defamation
Contributory negligence
A breach of legal duty that proximately causes harm or injury to another
Punishable by compensating or paying damages to the injured party
The wrongdoer in a tort is the feasor
The duty that a wrongdoer violates must exist as a matter of law
Feasors are liable jointly and severely
A plaintiff upon winning can pick and choose which to collect from
To be tortious and act or an omission does not need to involve moral toritude
Does not need to involve bad motives or maliciousness
Torts are private wrongs that contrast with public crimes which are public wrongs
The purpose of criminal law is to punish the guilty, the purpose of the law of torts is to compensate the victim of wrongful conduct or injuries suffer
3 points
1) Injury may consist of past and future medical expenses, past and future loss of wages, past and future pain and suffering, past and future mental distress, and other damages that can be directly linked to the tortious conduct
2) If the victim of a tort dies, his or her beneficiaries, can bring a wrongful death action to recover damages from the defendant
3) In addition to actual damages, there can be something awarded called punitive damages, a tort can also be a crime, the victim may sue to recover damages from the wrongdoer
Scienter
Super veny event
Trademark
Patent
Copyright
Cybersquatting
The berne convention
The TRIPS agreement
Government contractor defense
Palsgraph v the long island railroad company
Conversion
Good Samaritan laws
Bycarius liability
Tort
Res ipsa loquitur
Slander
Nuisance
Negligence
Libel
Liability
Defamation
Contributory negligence