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  • let's talk about torts for a moment delicious delicious torts

  • no, not the pastry kind, the legal kind

  • a tort is something you sue someone for doing to you

  • it's not very delicious at all

  • one kind of tort is the intentional kind: this is it something you intend

  • to do to another person that causes damage now you don't necessarily need to intend to

  • cause the specific harm that they sue you for, you just need to attend to

  • affect the other person and harm needs to result from your actions so if you

  • intend to give them a good scare and they have a heart attack and die you

  • don't get off the hook because you didn't intend to kill them if you do

  • something and a harmful result is possible but not substantially certain you can get in

  • trouble for acting recklessly but you wouldn't get in trouble for acting intentionally

  • you can even intend to commit one tort against someone and get

  • sued for a different one do you accidentally commit in the process

  • so what are a few common intentional torts first there's battery

  • ...no, battery is the intentional infliction of harmful or offensive contact

  • you can't sue over ordinary and reasonable contact though

  • even if you personally find it offensive

  • assault is, no... assault is something that gets mixed up with battery a lot

  • where battery is harmful or offensive contact assault is

  • giving someone the reasonable belief they were about to make harmful or

  • offensive contact with them you'll note that I said reasonable

  • if most people wouldn't think they were about to be touched

  • then you can't sue for assault you'll also note that I said

  • the belief has to be that they are about to be touched

  • you can't be assaulted if the contact could come at some later point

  • most states have a rule that words alone aren't enough to justify believing you're about to be touched

  • assault is different than attempted battery

  • attempted battery is attempting to cause contact and failing where assault is

  • intending to make someone think you were trying to harm them even if you never meant to

  • false imprisonment is where you confine someone against their will

  • the confinement has to have definite physical boundaries and the trapped person

  • can only sue for false imprisonment if there are no reasonable means of escape

  • I said reasonable means of escape you can even be falsely imprisoned if the

  • only thing holding you there are threats of harm in the near future

  • finally we turn to intentional infliction of emotional distress

  • the name kinda says it all

  • it's where you intentionally inflict emotional distress not just anything counts

  • the conduct needs to be so extreme and outrageous that it

  • goes outside all bounds of decency

  • it's a tough test to meet one of the more famous cases where someone told

  • a woman as a practical joke that her husband horribly injured and was near

  • death so she had nervous collapse the victim can recover if they just happen

  • to be very sensitive and they also have to show that they actually suffered

  • distress not just that what happened to them was really horrible so being very

  • thick skinned would hurt your ability to recover

  • you can be sued for things you intentionally do to property

  • as well as for things you intentionally do to people

  • one tort about property is trespass there's trespass to land and trespass to channels

  • chattels is just ye olde English for movable property

  • trespass to land is when you enter someone else's land without permission

  • or when you enter with permission but you don't leave when the permission ends

  • you can't be sued if you didn't enter the other person's land on purpose but

  • you can be sued if you enter the land on purpose but

  • mistakenly think you're not trespassing

  • you don't even need to enter the land personally to cause a trespass if you

  • cause another object to enter the land then you've still trespassed

  • it used to be that your land rights extended upwards to the heavens and down into the earth

  • now you get rights for a short distance to the direction but nothing further

  • which makes sense from the perspective of the airlines

  • trespass to chattels is when you interfere with someone else's use of their personal property

  • it's not just stealing the thing because that's its own tort called conversion

  • for trespass to chattels you have to show that there was some damage to the owner

  • either from their property losing value from the owner being unable to use it for some significant period

  • conversion is taking something permanently it means to

  • convert the property from the owner's to your own which requires paying the full

  • value as damages it does not mean changing the property's religion

  • the property either needs to be taken entirely and not returned or the value

  • needs to have been reduced enough that it is considered the equivalent of just taking it

  • and there you have it

let's talk about torts for a moment delicious delicious torts

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B1 中級 美國腔

17分鐘瞭解侵權法(第一部分 (Understand Tort Law in 17 Minutes (Part I))

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    Amy.Lin 發佈於 2021 年 01 月 14 日
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