Torts/delicts

Topics: Tort, Common law, Negligence Pages: 12 (3691 words) Published: October 27, 2014
Chair of Law

Principles of law

TORTS
Term paper

Authors:
Annie Ivanova

FN: 13114161

Miroslav Milkov

FN: 13114173

Sofia, 2014
1

Contents
I.
II.

Definition and overview……………………….…………………………………………..3 History
1. Roman law……………………………………………………………………………………3 2. Medieval period…………………..……………………………………………………….3 3. United states influence…………………………………………………………………4 4. Modern development…………………………………………………………………..4 III.

Comparative law and conflict of laws
1. Comparative law………………………………….…………………….………………..4 2. Conflict of laws………..…………………………………………..………………………5 IV. Types of torts
1. Intentional………..………………………………………………………………………....5 2. Negligent torts……………………………………………………………………………..6 2.1. Comparative or contributory negligence…………………………….7 3. Strict liability torts……………………………………………………………………….7 4. Business torts………………………………………………………………………........7 V.

Causation and damages. Immunity
1. Causation……………………………………………………………………………………..7 2. Damages………………………………………………………………………………………8 3. Immunity……………………………………………………………………………………..8 VI. Relations to other laws
1. Relationship to contract law……………………………………………….……....9 2. Overlap with criminal law…………………………………………………….………9 VII. Torts law in Bulgaria…………………………………………………………………………9 VIII. Annex 1. Case studies on torts law

1. McErlean v. Sarel Case Study
1.1. The facts…………………………………………………………………………..11 1.2. Questions to consider……………………………………………………….11 1.3. The judge’s decision………………………………………………………….11 2. Poirier v. Murphy Case Study
2.1. The facts…………………………………………………………………………..12 2.2. Questions to consider……………………………………………………….12 2.3. The judge’s decision………………………………………………………….12

2

I.

DEFINITION and OVERVIEW

The word tort comes from the Latin term torquere, which means "twisted or wrong." Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages.

Among the types of damages the injured party may recover are: loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses.
There are numerous specific torts including trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress. Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts(e.g., liability for making and selling defective products). There are also separate areas of tort law including nuisance, defamation, invasion of privacy, and a category of economic torts.

Tort law is state law created through judges (common law) and by legislatures (statutory law).

II. History
1. Roman law
It contained provisions for torts in the form of delict.

2. Medieval period
Torts and crimes at common law originate in the Germanic system of compensatory fines for wrongs (OE unriht), with no clear distinction between crimes and other wrongs. In AngloSaxon law, most wrongs required payment in money or in kind (bōt, literally ‘remedy’) to the wronged person or their clan. Wīte (literally, ‘blame, fault’) was paid to the king or holder of a court for disturbances of public order. Weregild, which was a murder fine based on a victim's worth (wer), was intended to prevent blood feuds. Some wrongs in later codes were botleas (e.g., theft, open murder, arson, treason against one's lord), that is, unable to be compensated, and those convicted of a botleas crime were at the king's mercy. Items or creatures which caused death were also destroyed as deodands....
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