Intellectual Property
Essay by 思嘉 肖 • June 22, 2017 • Course Note • 1,048 Words (5 Pages) • 1,012 Views
Torts
A tort: is a wrongful act that leads to civil liability/ a civil wrong/ a breach of duty imposed by law, as opposed to duty imposed by agreements/ civil (private) wrongs which give a remedy to a person injured by an act or omission of another
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Relationships between torts, crimes and liabilities in contract
- Liability in Contract – civil action
-Obligations are determined by terms of contract
-Action commenced by party seeking to rely on contract
-Remedy may be compensation, termination or specific performance
- Torts – civil action
-Obligations are fixed by law
-Action commenced by injured party
-Primary remedy is compensation (damages) for injured party
- Crimes – criminal action
-Obligations are fixed by law
-Action commenced by Crown/State (DPP/Police)
-Intention is to punish offender and deter others
Overlap?
Some crimes may also be torts (assault and battery, conversion/theft)
Some contractual rights may also be torts (procuring a breach of contract)
All torts involve unlawful interference with the interests of others.
Intentional interference e.g. deceit
Not intentional interference e.g. negligence
Different types of torts
Interest protected by the law | tort |
Personal rights | Trespass to person
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interest protected by the law | tort |
Property rights |
= wrongfully interfering with another’s possession of goods
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Interest protected by the law | tort |
Economic interests |
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The law of torts is largely been judge-made law (with, over recent years, a few contemporary legislative refinements)/ common law
Negligence: a form of carelessness, recognised by law and it carries legal consequences.
E.g. Plaintiff slipped and fell in a shopping centre, where there was no sign to caution the wet and slippery floor, and suffered spinal injuries.
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