Slovíčka - 2. semestr

assault - an act of the defendant which causes the plaintiff reasonable fear of an immediate battery on him by the defendant

battery - the intentional application of force to another person

conversion - taking, destroying, selling someone else’s goods

defamation - spreading false derogative statements about someone else

derogatory statement - the statement that tends to injure the plaintiff´s reputation, or causes him to be shunned by ordinary members of society

distress - the case when the defendant has wilfully subjected the plaintiff to unnecessary emotional disturbance

duty of care – somebody has a obligation to do something. duty of care is one of the elements of tort

false imprisonment - someone is detained against his will, without legal reason

fraud - filing the income tax return with the intention of tax evasion

invasion of privacy - unreasonable interference with privacy

negligence - breach of legal duty of care

nuisance - one person is disturbed by another

private nuisance - an unlawful interference with the use or enjoyment of another person´s land is called

public/common nuisance - an unlawful act or omission which endangers the health, safety, or comfort of the public (or some section of it) or obstructs the exercise of a common right

strict liability – defendant may be liable even if he was not at fault

trespass - entering land without the owner’s permission

trespass to land - the direct interference with the possession of another person´s land without lawful authority

trespass to the person - an intentional interference with the person or liberty of another

unfair competition - imitating signs, shapes, storefronts, advertisements and the packaging of goods of a competitor

vicarious liability – liability on behalf of someone else

Elements of tort - Although each tort has its own particular elements that must be alleged and proved by the plaintiff to win a case, four basic elements are common to all torts. In general, the plaintiff must allege and prove all of the following: a) the existence of a duty owed to the plaintiff by the defendant; b) a violation of that duty; c) a showing that the violation was the cause of the plaintiff’s injuries; and d) damages.

• Existence of a duty

• Breach of a duty

• Causal link between the damage and breach of duty

Seven kinds of tort – Conversion – Taking, destroying or selling someone else’s goods. Trespass – Entering land without owner’s permission. Statutory torts – kind of breach of duty which must be proved is defined in a statue. nuisance - one person is disturbed by another. Defamation – attack against someone’s reputation. False imprisonment - someone is detained against his will, without legal reason. Negligence – breach of legal duty of care

Defenses in tort - There are a number of general defenses in tort. The most important are inevitable accident and volenti non fit injuria. Inevitable accident – as a general rule liability in tort is based on fault. As a result injury, which is the result of an incident or event which could not be avoided by taking ordinary and reasonable precautions, is not actionable. Volenti non fit injuria is the Latin phrase frequently used to express the rule that a person who undertakes to run the risk created by the defendant cannot subsequently complain if, while doing so, he is injured.