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Topic: English tort law


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In the News (Sat 2 Jun 12)

  
  Tort - Wikipedia, the free encyclopedia
The origins of the modern law of torts lie in the old remedies of trespass and trespass on the case.
Tort law is distinguished from the law of contract, the law of restitution, and the criminal law.
The law of torts therefore aims to restore the injured person to the position he or she was in before the tort was committed (the expectation or rightful position principle).
en.wikipedia.org /wiki/Tort   (1204 words)

  
 Encyclopedia: Tort   (Site not responding. Last check: 2007-10-14)
Under the attractive nuisance doctrine of the law of torts, a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children, who are unable to appreciate the...
The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law.
English law, the law of England and Wales (but not Scotland and Northern Ireland), also known generally as the common law (as opposed to civil law), was exported to Commonwealth countries while the British Empire was established and maintained, and persisted after the British withdrew or were expelled, to form...
www.nationmaster.com /encyclopedia/Tort   (3918 words)

  
 Learn more about Common law in the online encyclopedia.   (Site not responding. Last check: 2007-10-14)
The common law, as applied in civil cases (as distinct from criminal cases), was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence and as developing the body of law recognizing and regulating contracts.
Statutes which reflect English common law are understood to always be interpreted in light of the common law tradition, and so may leave a number of things unsaid because they are already understood from the point of view of pre-existing case law and custom.
Where a tort is grounded in common law, then all damages traditionally recognized historically for that tort may be sued for, whether or not there is mention of those damages in the current statutory law.
www.onlineencyclopedia.org /c/co/common_law.html   (1802 words)

  
 Australian tort law - Wikipedia, the free encyclopedia
Tort law in Australia closely tracks the development of tort law in other common law jurisdictions.
One of the benefits of the prevalence of English-origin tort law in the United Kingdom, Canada and other common law jurisdictions is the mobility of each other's tort case law.
Tort law occupies much of the time of the various Magistrates', Local, District and County Courts and a substantial proportion of the time of the Supreme Courts of each of the states and territories.
en.wikipedia.org /wiki/Australian_tort_law   (640 words)

  
 Tort - Slider   (Site not responding. Last check: 2007-10-14)
Tort of Negligence is when harm occurs as a result of an individual, who is under a duty, fails to meet a standard of care imposed by that duty through and act or omission.
In common law, many torts originated in the criminal law, and there is still some overlap between crime and tort.
Having said that, many jurisdictions retain a punitive element as a part of the law of tort via exemplary damages, and some torts may have a public element, for example public nuisance, with actions being maintained by a public body.
enc.slider.com /Enc/Law_of_torts   (335 words)

  
 The Economics of U.S. Tort Liability: A Primer   (Site not responding. Last check: 2007-10-14)
Early English tort law, the antecedent of U.S. tort law, was chiefly concerned with making injurers pay for the losses of their victims, with little emphasis on fault or negligence.
Of the tort cases that were terminated by trial in federal courts in fiscal year 2000, 72 percent involved diversity of citizenship, 18 percent involved a federal question, and 11 percent involved the U.S. government as a defendant or plaintiff.
The major areas of tort litigation, based on their share of total tort trials completed in the general-jurisdiction courts of the 75 largest U.S. counties in 1996, are automobile-related torts (49 percent), premises liability (22 percent), and medical malpractice (12 percent).
www.cbo.gov /showdoc.cfm?index=4641&sequence=3   (3936 words)

  
 Skripten und Übersichten   (Site not responding. Last check: 2007-10-14)
Conditions for tort liability are in general the existence of an unlawful act or an omission, and in the latter case a certain duty of care, a damage and a causal link between both.
English tort law is not codified, but based on specific heads of tortious liability which derives from Roman law.
Under German law, in contrast to English tort law, an interference with a contractual relationship is not as such a tortious conduct, but can be subsumed under § 826 BGB only when the third party shows a special degree of recklessness towards the contracting party who is prejudiced by the breach of contract that occurs.
www.jurawelt.com /studenten/skripten/6891   (1361 words)

  
 CATHOLIC ENCYCLOPEDIA: Roman Law   (Site not responding. Last check: 2007-10-14)
Law was natural or positive (man-made); it was natural strictly speaking (instinctive), or it was natural under the Roman concept of the jus gentium (law of nations) — natural in itself or so universally recognized by all men that a presumption arose by reason of universality.
By the law of nations they became slaves by reason of captivity; by civil law, by the status of their parents or in the occasional case where they permitted themselves to be sold in order to participate in the price, if they were over twenty years of age.
The canon law measures the cognation of collaterals by the distance in degrees of the collateral farthest removed from the common ancestor.
www.newadvent.org /cathen/09079a.htm   (12228 words)

  
 Tort Law in Canada - An Introduction   (Site not responding. Last check: 2007-10-14)
Tort also serves as a deterrent by holding persons responsible for their actions and to educate the community as to what is unacceptable conduct.
Another moral lesson of tort law - that wrongdoers pay for their actions - is a pinnacle of modern society and, indeed, of many religious beliefs.
Tort law is the wrong place to turn for compensation for an ill-performed duty owed to you as a result of a private agreement between you and another.
www.duhaime.org /Tort/tort1.aspx   (868 words)

  
 Kevin's English law glossary: tort
It is a philosophical principal of UK law that people are expected to conduct themselves in such a way as to minimize the harm or injury they do to others.
`Tort' or `tort law' is the body of law concerned with allowing the victims of harmful actions, whether caused deliberately or by negligence (see negligence) to claim compensation from the perpetrator.
In English law torts are distinct from criminal offences (see criminal law), and are handled differently by the courts, even though specific actions may be hard to assign to one category rather than the other.
www.kevinboone.com /lawglos_tort.html   (135 words)

  
 Public law Article, Publiclaw Information   (Site not responding. Last check: 2007-10-14)
Generally speaking private law is the area of law in a society that effects the relationships between individuals or groupswithout the intervention of the state or government.
These laws show how the distinction between the public and the private in law are often a hazy distinction.Many consumer protection laws are also of a public lawnature, which limit the ability of companies dealing with consumers to engage in transactions with consumers that fail to respectthe rights of consumers.
Most laws that have penal or criminal penalties are considered to be public law as these laws areintended to protect all members of society and not just the areas of interaction that are covered by contract and tort.
www.anoca.org /private/laws/public_law.html   (380 words)

  
 Business Tort   (Site not responding. Last check: 2007-10-14)
The "law of torts" is a body of civil law or private law that covers the various legal (money damages) and equitable remedies which the law provides forcivil wrongs arising from extra-contractual liability, i.e., other than those wrongs which arise from a breach of contractual obligations.
In common law, many torts originated in the criminal law, and there is stillsome overlap between crime and tort.
Having said that, many jurisdictions retain an punitive element as a part of the law of tort via exemplary damages, and sometorts may have a public element, for example public nuisance, with actions being maintained by a public body.
www.swingdancemusic.com /send/36180-business%20tort.html   (515 words)

  
 ENGLISH COURTS: THE RESTORATION OF A COMMON LAW OF PURE ECONOMIC LOSS   (Site not responding. Last check: 2007-10-14)
Drawing on recent English jurisprudence the Law Lords affirmed that all cases of pure economic loss arising from the negligent provision of a service – whatever the precise manifestation of the carelessness – are subject to the 'reasonable reliance' test.
Canadian law has long recognized that a corporate agent, whether an employee or otherwise, whose negligence causes physical damage or bodily injury is personally liable for that damage, even if committed in the performance of their corporate duties and in addition to any vicarious liability which may be imposed on the corporation.
It is rather that the tort duty, a general duty imputed by the law in all the relevant circumstances, must yield to the parties' superior right to arrange their rights and duties in a different way.' These principles were recently applied in Bow Valley, supra note 28 at paras.
www.utpjournals.com /product/utlj/502/502_gosnell.html   (14701 words)

  
 English law (from tort) --  Encyclopædia Britannica   (Site not responding. Last check: 2007-10-14)
Natural law has been recognized since the ancient world to be a general body of rules of right conduct and justice common to all mankind.
English is the national language of the United Kingdom, the United States, Australia, and New Zealand.
Instruments like the English horn were used in the 16th century and seem to have entered the...
www.britannica.com /eb/article?tocId=16513   (934 words)

  
 Encyclopedia of Law and Economics: Forward
There are law and economics associations in Europe and Latin America as well as in North America, law and economics scholarship is being produced in every major country and in many minor ones, and several of the leading journals are published outside the United States.
Improvements in transportation and communications, and the rapid diffusion of English as the international language of scholarship, has fostered the internationalisation of law and economics.
Law and economics has had interesting things to say about virtually every area of law, and this makes it of potential relevance to anyone working in one of those areas, who might be a practising lawyer, an economic consultant, a sociologist, psychologist, historian, or philosopher.
encyclo.findlaw.com /foreword.html   (570 words)

  
 EBC Catalogue - Tort Law   (Site not responding. Last check: 2007-10-14)
proposals to reform problematic areas of tort law, such as the law on libel and slander, and the law on damages.
Areas of tort law that have traditionally proved difficult for students to understand — such as the law of negligence and the law of damages — are presented here in a way that makes the principles underlying those areas of law easy to understand and apply.
In addition, the authors and publishers of Tort Law have combined to produce a companion website which will provide the reader with quarterly updates on recent developments in English tort law and model answers to a full range of tort problem questions.
www.ebc-india.com /cgi-bin/store/agora.cgi?product=Torts&product_id=770   (255 words)

  
 2001 News -- Fall 2001 Advanced Torts Seminar/Continuing Legal Education (CLE) Program: Using Torts as an Alternative ...   (Site not responding. Last check: 2007-10-14)
The Ahrens Advanced Torts Seminar/CLE is made possible by the Ahrens Chair in Tort Law created by funds contributed to Washburn University School of Law in 1986 by the Wichita law firm of Michaud, Cordry, Michaud, Hutton and Hutton and is named in honor of Professor James Ahrens.
The Advanced Torts Seminars are made possible by the Ahrens Chair in Tort Law created by funds contributed to Washburn Law School in 1986 by the Wichita law firm of Michaud, Cordry, Michaud, Hutton and Hutton.
Professor David Howarth, teaches tort law and economic analysis of law at Clare College, Cambridge, U.K. He is the co-author of the leading case took on English tort law, Tort: Cases and Materials.
www.washburnlaw.edu /news/2001/2001-09advtorts.htm   (2451 words)

  
 Tort
Intentional torts fall into several subcategories, including torts against the person, property torts, dignitary torts, and economic torts.
Tort of Negligence is when harm occurs as a result of an individual, who is under a duty, fails to meet a standard of care imposed by that duty through an act or omission.
Firstly, that a duty of care was in fact owed; secondly, that this duty was breached; thirdly, that the plaintiff suffered damages; and finally, that the damages occurred as a result of this breach.
www.omniknow.com /common/wiki.php?in=en&term=Tort   (1485 words)

  
 Tort Law, Technology and Social Change in the Twentieth Century
This project investigates explanations for some of the significant differences that have been detected between English substantive tort law and that of some of the other states of Western Europe.
It seeks to defend the propositions that (1) significant differences exist, (2) they cannot be explained wholly by reference to differing “legal cultures”, and (3) some of the differences can be explained by differences between the preferences of citizens and social practices in the different states.
A paper based on this research, “The Englishness of English Tort Law” was delivered at a Faculty Seminar at the School of Law, Florida State University, in August 2001, and at the Tort Subject Group, SPTL Conference, Glasgow, in September 2001.
users.ox.ac.uk /~mans0322/Engli1.html   (151 words)

  
 Tort   (Site not responding. Last check: 2007-10-14)
The "law of torts" is a body of civil law or private law that covers the various legal (damagesmoney damages) and equityequitable remedyremedies which the law provides for civil wrongs arising from extra-contractual liability, i.e., other than those wrongs which arise from a breach of contractual obligations.
FREEPORT - After a bench trial held earlier this month, attorneys involved in a local tort fund lawsuit are hoping for a decision to be reached in the case by the end of May.
Simply put, the economic loss doctrine holds that a plaintiff cannot recover under tort law (e.g., negligence) for a defective product if there is no damage to anything other than the product itself.
www.infothis.com /find/Tort   (585 words)

  
 SSRN-Children through Tort by Roderick Bagshaw   (Site not responding. Last check: 2007-10-14)
Further, although tort law is willing to permit injured children to sue their own parents this opportunity is rarely taken in practice.
Thirdly, it is arguable that English law offers inadequate protection to a child's interest in the life and health of its parents.
The reason for this is not that tort law regards the financial role of parents as more important than the emotional role.
papers.ssrn.com /sol3/papers.cfm?abstract_id=281624   (505 words)

  
 Unification of Tort Law: Wrongfulness   (Site not responding. Last check: 2007-10-14)
Until now, there has not been an attempt to harmonize the entire field of tort law in a consistent manner.
Therefore, a group of tort lawyers proposed to address the fundamental questions underlying every tort law system.
In summary, the book not only attempts to clarify the grounds common to wrongfulness underlying all the legal systems concerned with respect to the laws of tort, but also informs academics and practitioners of the fundamental questions of wrongfulness underlying the law of tort in a particular country.
civil.udg.es /TORT/Books/Kluwer-Wrongfulness.htm   (337 words)

  
 Tort Law Cases   (Site not responding. Last check: 2007-10-14)
Attorneyfind Directory of Law Firms in 70 categories, Near You, with links to their e-mail and websites, for your FREE viewing...Click Here...
Tort Law: Text, Cases and Materials, Mark Lunney, Ken Oliphant, Oxford University Press...
European Group on Tort Law - website of a group of European scholars investigating the harmonisation of tort law.
www.personal-injury-specialists.co.uk /injury/tort_law_cases.html   (376 words)

  
 Amazon.co.uk: Books: Tort Law   (Site not responding. Last check: 2007-10-14)
The principal aim of this text is to provide a modern and accessible presentation of the law for students taking degrees at universities and colleges.
The increasingly important relationships between the concepts underlying tortious liability and those underlying liability in contract and restitution are brought out and historical and economic perspectives are, wherever possible, integrated into the analysis of doctrine.
This book is intended for undergraduates studying tort law, and those studying tort as part of the CPE.
www.amazon.co.uk /exec/obidos/ASIN/0198765061   (395 words)

  
 Tort
As President Bush begins his second term, he's making much ado about tort reform, leading many local business leaders and medical practitioners to wonder whether changes in litigation are on the way.
By ruling that parish property should be included in the estate of the bankrupt Spokane diocese, a judge in Washington state did more than just hand a group of sex abuse victims access to a far richer cache of assets.
A federal data breach notification law is probably a bad idea, but not for all the reasons put forth in debates over legislation currently being considered by the U.S. Congress.
29813.mallforeverything.com   (782 words)

  
 LW201-2-FY:course catalogue
To explain, analyse, evaluate and apply the legal rules, concepts and values governing tortious liability in English law.
To promote and encourage critical and informed discussion of the legal rules, concepts and values that underpin English tort law and to apply them to everyday problems.
To consider the implications for tort law of the incorporation of the European Convention on Human Rights into UK law.
www2.essex.ac.uk /courses/result.asp?coursecode=LW201&level=2&period=FY&yearofcourse=04   (255 words)

  
 Unification of Tort Law: Wrongfulness - Compare Shop Books
Therefore, a group of tort law experts proposes to address the fundamental questions underlying every tort law system.
In summary, this book clarifies the grounds common to wrongfulness, underlying all the legal systems concerned with respect to the laws of tort.
It also informs the academic and practitioner of the fundamental questions of wrongfulness underlying the law of tort in a particular country.
www.compareshopbooks.com /9041110194.htm   (242 words)

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