tort law paage美国侵权法概论（推荐）_美国法律概论译文
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1、An overview of tort law Good morning,everyone.Today let us talk about tort law.And through our speech so that you have a general understanding of tort law.In China, our tort law promulgated in 2009,the tort law is a new things.Generally speaking, tort law is a civil areas and tort is the law of civil wrongs.Tort law usually provides people with the rights to compensation when another person harms their legally protected interests.Its general characteristics are:
(1)Tort is a certain civil legal consequences that between Infringer and the infringed party
(2)infringement of a crime against a civil statutory right of the main or absolute power, mainly referring to property rights, personal rights and intellectual property rights, the claims can not be a tort of infringement of the object;
A tort is to harm other people's civil rights and interests, such as personal rights, property rights are civil rights;other than the legitimate interests of the civil rights, such as the reputation of the deceased, name, etc
(3)tort perpetrator consciously behavior, unilateral implementation of wrongdoing by the infringe statutory civil rights and obligations, tort is a legal fact.Now ,lets my teammate give us an introduction about the scope of the Tort Liability Act
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2、The scope of the Tort Liability Act
Good morning everyone,now I will tell your something about Scope of the Tort Liability Act.First ,I will tall you what is Tort Liability,tort liability is tortfeasor against civil rights and interests of others Infringement of civil rights and interests shall bear the civil legal consequences.It belongs to one of civil liability.Tort liability applicable to a wide range ,such as The right to life, the right to health, the right to a name, the right of reputation ,Portrait
For Example: marital autonomy means citizens have the right to freedom of marriage, and that the citizens in accordance with the law according to their own will, voluntarily married or divorced own right, free from interference by others.Male and female citizens of their own marriage or divorce, comply with the conditions of the law, there is complete freedom to expre their true meaning, anyone can not usethe right to replace them to make a decision, or force them to make a decision against their will;Not only parents the right to interfere in the freedom of their children's marriage or divorce, and that their children have no right to interfere with the freedom of
their parents divorce, remarriage and widowhood party freedom.Personal rights aociated with personal or an inalienable right to direct property content,also known as personal non-property rights.Personal rights and property rights constitute the two major categories of basic civil rights in civil law.The two major categories of personal rights, including the right of personality and the right to identity, personality rights, including the right to life, physical power, the right to health, the right to a name, the name of rights, the right of reputation, honor and image rights.The right to an identity, including parental rights, spouse rights, the right of kinship.@3The principle of Tort Liability
Under civil law principle, the principle of attribution of torthave three principles: namely: the principle of fault liability,liability without fault principle and the principle of equitable responsibility.Fault liability principle, refers to the fault of the perpetrator is to accept the principle of attribution of civil liability Elements, general tort for fault liability principle, the principle as a principle of our tort law generally attributable status.liability without fault principle in case law, not whether the perpetrator should bear the Civil Responsibility of the judge in the presence of fault of the perpetrator, usually limit the scope of the principle of responsibility applies only to special provisions in the
law situation, the “Civil Law” and “personal damages to explain” exprely provided.The principle of equitable responsibility in the law does not provide for the principle of liability without fault, apply the principle of fault liability of the unconscionability of the victim, according to the principle of fairne between the parties aigned damage aumed responsibility principle.The implementation of the principle of fault liability under civil law for the general tort and implement who advocate who is the burden of proof;special tort, product liability, liability for damage of the highly dangerous job, environmental pollution damages the animals cause damage responsibility, the responsibility of guardianship, the implementation of the principle of liability without fault;cause damage to buildings, etc., and the ground construction cause damage to the implementation of the principle of presumption of fault.In the case of the parties no fault of the law did not require the implementation of no-fault liability for damage caused applicable, based on the concept of social equity, the principle of equitable responsibility.Ok,next welcome to my teammate.thank you
@4 The Concurrence betweentort liability and libility for breach of contract
Hello,everyone,just now,my teammates had told something about theOverview,scope,and principle of Tort Liability.now I will tell your The Concurrence between tort liability and libility for breach of contract.The Concurrence betweentort liability and libility for breach
The Concurrence betweentort liability and libility for breach means the behavior of a person for a violationinclude a double feature of infringement and breach the law on tort liability at the same time.knowing what kind of law should apply phenomenon is becoming important.Being in real life, due to the diversity and complexity of wrongdoing, tort liability and liability for breach of competition and cooperation is inevitable.For example, the civil medical liability.Medical tort is the responsibility of behavior by medical institutions due to the fault of the medical institutions and their medical staff, resulting in compromised patients in treatment activities.medical malpractice tort liability is aumed by the medical institutions due to their infringement and adverse consequences.Medical liability for breach of contract party shall bear civil liability for breach of contractual obligations.Medical institutions should bear the liability for breach of medical behavior as a contractual relationship;When we focus only on the results of
the patient's actual damages, medical institutions should bear tort liability for their actions.Liability for breach of contract and tort liability are two basic types of civil liability, due to the multiplicity of the complexity of the civil relations, the nature of the civil offense, these two types of responsibility often occurred competing.In China, it is generally applicable in practice is to request the right to freedom of competing.allowing the parties to free choice of the right of claim of damages for infringement and breach of the right to claim damages.Ok,that is all,thank you for your listen.Question:
1/What is tort?If a dog bite you,can you say tort?
2/The principle of Tort Liability have three main category,how do youdistinguish them?
3/Do you know the he Concurrence between tort liability and liability for breach of contract?
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