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Wrongs Wrongs Wrongs Wrongs: and Freedom

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The document defines and categorizes different types of torts, or civil wrongs. It discusses torts affecting personal safety, family relations, and reputation. It also covers torts involving property, including trespassing, conversion, and interference with easements. Finally, it defines a tort as an act or omission that causes harm, whether intended, unlawful, or due to negligence, with some duties being absolute and others limited to negligence.

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Wrongs Wrongs Wrongs Wrongs: and Freedom

Uploaded by

samsun009
43 views2 pages
The document defines and categorizes different types of torts, or civil wrongs. It discusses torts affecting personal safety, family relations, and reputation. It also covers torts involving property, including trespassing, conversion, and interference with easements. Finally, it defines a tort as an act or omission that causes harm, whether intended, unlawful, or due to negligence, with some duties being absolute and others limited to negligence.

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Torts Short Notes

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The document defines and categorizes different types of torts, or civil wrongs. It discusses torts affecting personal safety, family relations, and reputation. It also covers torts involving property, including trespassing, conversion, and interference with easements. Finally, it defines a tort as an act or omission that causes harm, whether intended, unlawful, or due to negligence, with some duties being absolute and others limited to negligence.

Copyright:

© All Rights Reserved
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
43 views2 pages

Wrongs Wrongs Wrongs Wrongs: and Freedom

Uploaded by

samsun009
The document defines and categorizes different types of torts, or civil wrongs. It discusses torts affecting personal safety, family relations, and reputation. It also covers torts involving property, including trespassing, conversion, and interference with easements. Finally, it defines a tort as an act or omission that causes harm, whether intended, unlawful, or due to negligence, with some duties being absolute and others limited to negligence.

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Personal Wrongs.

1. Wrongs affecting safety and freedom of the person :

Assault, battery, false imprisonment.


2. Wrongs affecting personal relations in the family :

Seduction, enticing away of servants.


3. Wrongs affecting reputation :

Slander and libel.


Wrongs affecting estate generally
4. :

Deceit, slander of title.


Malicious prosecution, conspiracy.

Wrongs to Property. Wrongs to


property.
1. Trespass: (a) to land.
(b) to goods.
Conversion and unnamedwrongs ejusdem generis.
Disturbance of easements, &c.
2. Interference with rights analogous to property, such
as private franchises, patents, copyrights.

Wrongs to Person, Estate, and Property generally. Wrongs


affecting
1

1. Nuisance. person and


property.
2. Negligence.
3. Breach of absolute duties specially attached to the
occupation of fixed property, to the ownership and,
custody of dangerous things, and to the exercise
of certain public callings. This kind of liability results, as will be seen hereafter, partly from ancient rules of the common law of
which the origin is still
doubtful, partly from the modern development of
the law of negligence.

“but the burden of proof lies on those who


claim their benefit.”

The Latin dajus. as a technical term, is not properly Dolus and


rendered by "fraud" in English; its meaning is much cupa
wider, and answers to what we generally signify by
" unlawful
intention." Culpa is exactly what we mean by
"
negligence," the falling short of that care and circumspection
which is due from one man to another.
Tort is an act or omission (not being merely the breach of a duty arising out of a personal relation, or
undertaken by contract) which is related to harm suffered by a determinate person in one of the
following ways :

(a) It may be an act which, without lawful justification or excuse, is intended by the agent to cause harm,

and does cause the harm complained of.

(b) It may be an act in itself contrary to law, or an omission of specific legal duty, which causes harm

not intended by the person so acting or omitting.

(c) It may be an act or omission causing harm which the person so acting or omitting did not intend to

cause, but might and should with due diligence have foreseen and prevented.

(d) It may, in special cases, consist merely in not avoiding or preventing harm which the party was

bound, absolutely or within limits, to avoid or prevent.

A special duty of this last kind may be

(i) absolute
(ii) limited to answering for harm which is assignable to negligence.

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