Power point para una clase de revisiòn sobre "Tort law" o derecho de daños en Ingles. Universidad Catolica de Cuyo. san Luis

1. TORT LAW. UNIT 5 TOLES
REVISION
REVISION PRIOR TO A TEST
UNIT 5.
2018.
PEREZ DEL VISO/
MUÑOZ LUNA/ ZABALA
SOURCE: THE
LAWYER`S ENGLISH
LANGUAGE
COURSEBOOK.
CATHERINE MASON.

2. TORT- VOCABULARY.
WRONG- Something that causes harm or damage to another person.
Main principles:
“In situations where I cause harm to another person, I may be liable
to compensate him or her for that harm, even if I did not commit a
criminal act. “
“I must not harm another person either because I choose to harm
him (HAVING INTENTION)or because I was not careful enough
(FROM NEGLIGENCE) ”

3. OVERLAP BETWEEN TORT LAW AND
CRIMINAL LAW
TORT LAW CRIMINAL LAW
Main purpose: to compensate
people who suffer harm
Main purpose: to punish people
who caused harm
There are a plaintiff or claimant
and a defendent
There are a prosecutor and a
defendant.
Defendant may be found liable.
Burden of proof: preponderance of
evidence
Defendant may be guilty as charged
Burden of proof: beyond any
reasonable doubt.

4. CATEGORIES OF TORT
There are several different types of tort in English law.: Categories of
tort or “heads” of tort.
The most important ones are:
NEGLIGENCE.
TRESPASS TO LAND
NUISANCE
TRESPASS TO A PERSON
DEFAMATION.

5. TRESPASS TO THE PERSON
Trespass to the person means to harm someone in a physical way.
Assault:
It means to make someone afraid that I will physically hurt them.
Battery:
Battery is to really hurt someone in a physical way.
False imprisonment:
It is to keep someone in a certain place without that person`s
permission.

6. DEFAMATION
D. occurs when someone makes a negative statement about another
person which harms that person`s reputation. It is saying or writing
something negative about someone, so that other people think in a
more negative way about that person.
It comes in two forms:
LIBEL: It is publishing the statement in a permanent form. (i.e.
writing it in a book)
SLANDER: It refers to a statement in a form that is not permanent,
for ex. , saying something in ordinary conversation.

7. NEGLIGENCE
Negligenge occurs when you cause harm to another person because
you were not careful enough. It is the most common ground for
claimants bringing an action in Tort.
In situations where you can anticípate that your conduct is likely to
cause harm to another person, you have a DUTY TO BE CAREFUL.
This DUTY is the DUTY OF CARE. It is the duty to make sure that my
conduct does not harm anyone.
The main limit upon my liability to others is that the harm that I
cause to another person must be REASONABLY FORESEEABLE.

8. MORE ABOUT NEGLIGENCE
Tort rules have TWO MAIN AIMS: to COMPENSATE harm, and to ACT
AS A DETERRENT against negligent conduct.
A court will look at the evidence and decide that the claimant is
entitled to REDRESS.
Redress means to crrect something that is unfair, by putting the
claimant back in the position that he was in before the negligent
conduct happened.
Redress usually takes the form of damages.
Collocation: you must say: “HE IS ENTITLED TO REDRESS” (no:
“entitled to a redress.” )

9. PROOF OF DAMAGE
--The claimant is not usually entitled to redress for REMOTE
DAMAGE, when the damage was not reasonably
foreseeable.
--Some torts require PROOF OF DAMAGE. The claimant
must prove that the defendant´s conduct caused harm.
--Some other torts are ACTIONABLE PER SE, such as libel.
(“by itself”) The fact that the defendant committed the tort
is enought for the claimant to be entitled to redress.