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¡PROF.  CRAIG CHARLES BELES
¡Seattle, Washington, USA
4/3/10

4/3/10
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USA-Major-Cities.jpg

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TORT  DIFFERS  FROM  CONTRACT
THE  LAW  OF  CONTRACT
PROTECTS  INTENTIONS
ENFORCES  PROMISES
DUTIES  ARISE  OUT  OF  AGREEMENT
THE  LAW  OF  TORT
PROTECTS  IMPORTANT  PERSONAL  INTERESTS
ENFORCES  SOCIAL POLICY
DUTIES ARISE  OUT  OF  COMMON LAW
TORT  &  CONTRACT  DO  OVERLAP
SO-CALLED  “CONTORTS”

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TORT  DIFFERS  FROM  CRIMINAL LAW
CRIMINAL  LAW
FOCUSES  ON  THE  MIND  &  ACT  OF  ACCUSED
FUNCTION  IS  TO  PUNISH  &  DETER
B  OF  P = BEYOND  REASONABLE  DOUBT
PLAINTIFF  IS  STATE, i.e., GOVERNMENT
TORT  LAW
FOCUSES  ON  INJURY  TO  PLAINTIFF
FUNCTION  IS  TO  COMPENSATE  PLUS . . . .
B  OF  P = PREPONDERANCE  OF  EVIDENCE  (51%)
PLAINTIFF  IS  THE  INJURED  PARTY

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ORIGIN OF INTENTIONAL TORTS
WRIT  OF  TRESPASS  QUARE  CLAUSEM  FREGIT
“WHEREFORE  HE  BROKE  THE  CLOSE”
= TRESPASS  TO  LAND
WRIT  OF  TRESPASS  DE BONIS  ASPORTATIS
“TAKING & CARRYING AWAY THE GOODS OF ANOTHER”
= TRESPASS  TO  CHATTELS  &  CONVERSION
WRIT  OF  TRESPASS  VI  ET  ARMIS
“BY  FORCE  AND  ARMS”
= ASSAULT,  BATTERY,  FALSE IMPRISONMENT

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COMPETING PERSPECTIVES ON TORT LAW
1.DETERENCE
Prevent  Injury  by  Threatening  Civil  Liability
2.ECONOMICS
“Scarcity”    E.g., Burden  >  Probability  X  Potential  Loss
3.CORRECTIVE  JUSTICE
Vindicates  Individual  Rights
4.COMPENSATION
Loss  Spreading,  Like  Insurance
5.CRITICAL  RACE THEORY  &  FEMINISM
More  Than  White  Male  Perspective
6.PRAGMATISM
Context
7.SOCIAL JUSTICE
Supplements  Regulators  &  Advances  New  Causes

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MAJOR  CLASSIFICATIONS  OF  TORT  LIABILITY
INTENTIONAL TORTS
ASSAULT
 BATTERY
  FALSE  IMPRISONMENT
TRESPASS  TO  LAND
  CONVERSION
 TRESPASS  TO  CHATTELS
(OUTRAGE)
PRIMA FACIE CASE:
ACT,  INTENT,  CAUSATION,  RESULT

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NEGLIGENCE – FAILURE  TO  ACT  AS  A  REASONABLE  PERSON  UNDER  THE  CIRCUMSTANCES

PRIMA FACIE CASE:
DUTY  TO  PLAINTIFF
STANDARD OF CARE
BREACH  OF  DUTY
CAUSE IN FACT
PROXIMATE CAUSE
INJURY
MAJOR  CLASSIFICATIONS  OF  TORT  LIABILITY  (Continued)

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MAJOR  CLASSIFICATIONS  OF  TORT  LIABILITY  (Continued)
STRICT LIABILITY  –  LIABILITY  WITHOUT  FAULT
WILD  ANIMALS
ABNORMALLY  DANGEROUS  ACTIVITIES
PRODUCTS LIABILITY
DEFECTIVE PRODUCTS UNREASONABLE DANGEROUS
DESIGN,  MANUFACTURING,  WARNINGS

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MAJOR  CLASSIFICATIONS  OF  TORT  LIABILITY  (Continued)
HYBRID MODERN TORTS
DEFAMATION
  INVASION OF PRIVACY
NUISANCE
FRAUD & MISREPRESENTATION
INTERFERENCE WITH CONTRACT