BALW20150 Chapter Notes - Chapter 6: Professional Negligence In English Law, Damages, Malicious Prosecution
26 Jan 2017
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Tort law is designed to compensate those who have suffered a loss or injury due to. Torts: wrongs (cid:523)the word (cid:498)tort(cid:499) is french for (cid:498)wrong(cid:499) and compensation another person(cid:495)s wrongful act. Purpose: to provide remedies for violation of (cid:498)protected interests(cid:499: examples of protected interests: personal physical safety, protected property. Compensatory damages= plaintiff is awarded these to compensate or reimburse the plaintiff for actual losses: special damages compensate plaintiff for quantifiable monetary losses. Ex. medical expenses, lost wages and benefits, extra costs, costs of repairing or replacing damaged property: general damages compensate individuals (not companies) for the wrongdoings nonmonetary aspects of the harm suffered, such as pain and suffering. Classification of torts: intentional intentional violation of person or property (fault plus intent), evil or harmful motive is not required. Transferred intent when a defendant intends to harm one individual, but unintentionally harms a second person: unintentional involve negligence, breach of a duty to act reasonably (fault without intent)
