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    798 views26 pages

    Comments and Cases On Torts and Damages de Leon 1p PDF

    Uploaded by

    Vertine Paul Fernandez Beler

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 26
    Part | TORTS Chapter 4 INTRODUCTION Meaning of tort and tortious act. (4) The word “tor” is a common law expression. It is used in French to mean “wrong.” deriving from the Latin “tras” meaning fisted, asf to may tortious conduc is twisted conduct ‘orcondict that departs frm the exietng nowt, Inthe absence ofa statutory definition, a fort ia legal wrong, ‘hat cases arm for which the violtori subject to cl ably, (2) Atortios ect is a wrongful act Ithas been define asthe ‘commission or omission of an act by one, without ght whereby another rosives some injury, diredy or indizety im person, property, or reptation. (74 Am. Jur 28.620) Essence of tort (1) Defend’ potenti fr col labliy, — The essence of fortis the defendants potential for cl ability tothe vit for fhacraul waengeoing and correspondingly the vit’ potenti! foreoaipensation or other lt -Bramples of tors can be found evervvihere. In the abeénce (@) Sometimes courts recognize a thind cateyory, placed between intentional and negligent wrongs — reckies, grt or wrnton wrong, Te is 4 species of negligence which in Knowledge and eonscouones of the high tk of hares from his conduct a to be equivalent to anintertional wrong. (e2 Coap.2) History of tort 98 a legal concept. ‘Tet law emerged out of criminal law, and was, Userefre, ‘otiginally concerned principally with violent breaches of the peace. The development oftortasa distinc inogral cncept fom fn intermingling of cll wrongs and crimes ia comparatively cant event in Jartoprdence, (1) Common law tort. — Tot law e predominantiy common lass, that is, jcgesrathor than Jegsltures usually define what punts 2 tort and how compensation is to be measured, Nevertheless, 4 statute or even the Constitution isl may make ‘tain condiet legally wrongfal and may permit weovery of damages for such conduct. Se vialation of eat or constitation Js sometimes 2 tot for which the violator is subject fo lal, (DB. Dobbs op ct, p 1) (2) No clear dtncton becom tat and crimes — Acts now called “torts" have bees committed from the very begining of society, but a development of anything ike a cestlydoradatod ‘conception of a tor i comparatively recent. While fom the ‘ence: times Certain invasions of personal of ptopecty right, ‘ow comprehended under the head of torts, weee fs wronghl and ab constituting a basis for dvi Mab, the concepts of tort and eime were a ist confusely intermingled, and no clear distinction was made between private and public (2) Notion of tra age torng. — In the nest tage of development of comma he ston of nant

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