CHAP 6 – GROUP 1
OUR TEAM
1. Nguyễn Đăng Quỳnh Anh
2. Nguyễn Hồng Nga My
3. Phạm Thị Thanh Tuyền
4. Nguyễn Trần Mai Linh
5. Nguyễn Mỹ Phụng
6. Nguyễn Thị Thu Thảo
7. Lục Nguyễn Uyên Thy
1. THE BASIC OF TORT LAW
2. INTENTIONAL TORTS AGAINST PERSONS
OUTLINE 3. INTENTIONAL TORTS AGAINST PROPERTY
4. UNINTENTIONAL TORTS – NEGLIGENCE
5. DEFENSES TO NEGLIGENCE
6-1
Tw o n o t i o n s s e r v e a s t h e b a s i s o f
all torts: wrongs and compensation
(Sự đền bù).
THE BASIC OF TORT LAW
To r t l a w ( L u ậ t v ề t ổ n h ạ i ) i s
designed to compensate those who
(Nguyên lí cơ bản của luật về tổn hại)
h a v e s u ff e r e d a l o s s o r i n j u r y d u e
t o a n o t h e r p e r s o n ’s w r o n g f u l a c t .
PURPOSE OF TORT LAW
The purpose of tort law is to provide
remedies for the violation of various
protected interests.
DAMAGES IN TORT ACTIONS
COMPENSATORY LEGISLATIVE CAPS
PUNITIVE DAMAGE
DAMAGE ( T H I Ệ T H Ạ I M A N G T Í N H C HẤ T ON DAMAGE
TRỪNG PHẠT) ( G I ỚI H Ạ N L Ậ P P HÁ P V Ề
( B Ồ I T H Ư Ờ N G T H I Ệ T HẠ I )
THIỆT HẠI)
Punish the wrongdoer and Legislative Caps on Damages
Special damage deter others from similar State laws may limit the
wrongdoing. amount of damages
Be appropriate when the
defendant’s conduct was —both punitive and general—
General damage particularly egregious that can be awarded to the
(flagrant) or reprehensible plaintiff.
(blameworthy).
- Classification of torts: Intentional torts (Cố ý vi phạm) and
unintentional torts (Không cố ý vi phạm) (torts involving negligence).
- Defense:
+ A successful defense releases the defendant from partial or full liability
for the tortious act.
+ A common defense to intentional torts against persons is consent.
+ The most widely used defense in negligence actions are comparative
negligence (Sự thiếu trách nhiệm).
- T h e t o r t f e a s o r ( Tr a t ấ n ) : M u s t
intend to commit an act.
6-2
INTENTIONAL TORTS AGAINST - Intent means:
PERSONS + Only that person intended the
consequences of his or her act
(Các quy tắc thuộc về nội tâm chống + Knew with substantial certainty
lại con người) that specific consequences would
result from the act
- Tr a n s f e r r e d i n t e n t : I n t e n d s t o h a r m
person “A” but unintentionally harms
person “B” as well
ASSAULT BATTERY
(ĐE DỌA) (BẠO HÀNH, TẤN CÔNG)
- Any intentional and unexcused threat of immediate - An unexcused and harmful or offensive physical
harmful or offensive contact create a reasonably contact intentionally performed
believable threat.
FALSE IMPRISONMENT INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS
(HÀNH VI BẮT GIỮ NGƯỜI TRÁI PHÉP)
(XÂM PHẠM GÂY RA SỢ HÃI VỀ TINH
THẦN)
- The intentional confinement (Cố ý giam giữ) or - Actionable (Có thể kiện)
restraint of another person’s activities without
justification. - Outrageous conduct (Hành vi thái quá)
- Can be accomplished through the use of physical - Limited by the First Amendment (Giới hạn bởi Tu
barriers, physical restraint or threat of physical Chính Án)
force.
Defamation
(Sự phỉ báng)
WHAT IS DEFAMATION?
→ The actions of damaging a person’s reputation by saying or writing bad/false statements about
them.
Slander: Orally speaking Libel: Documents, media or internet
Defendant: bị cáo Public Figures :Người của quần chúng – Nhân
Plaintiff: Nguyên đơn vật xã hội
Actual malice: bôi nhọ có ý đồ xấu
ESTABLISHING DEFAMATION INVOLVES PROVING THE
FOLLOWING ELEMENTS
1. The defendant made a false statement of fact.
2. The statement was understood as being about the plaintiff and tended to harm the plaintiff’s reputation.
3. The statement was published to at least one person other than the plaintiff.
4. If the plaintiff is a public figure, she or he must also prove actual malice, discussed later in the chapter.
First Amendment: Tu chính án thứ nhất (Tu chính án I) Hiến
pháp Hoa Kỳ
Compensation: sự bồi thường
Privilege: đặc quyền
Statement-of-Fact Published statement must be a fact
Requirement Statements of opinions are protected speech under
the First Amendment and not actionable
Statement or statements that hold an individual up to
Publication contempt, ridicule, or hatred
Requirement
General damages are presumed and the plaintiff
Damages for Libel does not have to prove actual injury
DEFAMATION
The plaintiff must prove special damages
Damages for
Slander
Slander Per Se: Exceptions
Truth Absolute privilege
Privileged
Defenses to Communications
Defamation
Qualified Privilege
Absence of Malice
INVASION OF PRIVACY
COMMON LAW RECOGNIZES FOUR ACTS THAT QUALIFY AS
IMPROPERLY INFRINGING ON ANOTHER’S PRIVACY
1. Intrusion into an individual’s affairs or seclusion.
2. False light
3. Public disclosure of private facts
4. Appropriation of identity.
Fraudulent Fraudulent misrepresentation is intentional
Misrepresentation (Kê
deceit for personal gain.
khai gian lận )
FRAUDULENT MISREPRESENTATION
- This tort has several elements:
◦ Misrepresentation of material fact.
◦ Intent to induce another to rely on the misrepresentation.
◦ Justifiable reliance by innocent party.
◦ Damages suffered as a result of reliance.
◦ A causal connection between misrepresentation and the injury suffered.
Fraud misrepresentation occur when it is not
only mere puffery (seller’s talk) must be
involve
Negligent
Misrepresentation
(Khai báo sai do cẩu thả)
The filing of a lawsuit without legitimate grounds
Abusive/ Frivolous and with malice. Alternatively, the use of a legal
process in an improper manner.
Litigation • Malicious prosecution
• Abuse of process
(Lạm dụng kiện tụng)
Wrongful Interference
(Sự can thiệp không chính đáng)
CONTRACTUAL RELATION (Quan hệ hợp đồng)
1. A valid, enforceable contract must exist between two parties.
2. A third party must know that this contract exists.
3. This third party must intentionally induce a party to the contract to breach the contract
BUSINESS RELATION(Quan hệ kinh doanh)
- Competitive practices and predatory behavior—actions undertaken with the intention of unlawfully driving
competitors completely out of the market
- Defendant used predatory methods to intentionally harm an established business relationship or gain a
prospective economic advantage.
DEFENSE TO WRONGFUL INTERFERENCE
- The interference was justified or permissible
- Bona fide competitive behavior—such as marketing and
advertising strategies—is a permissible interference even if it
results in the breaking of a contract.
6-3
INTENTIONAL TORTS AGAINST
PROPERTY
(Cố ý xâm phạm tài sản)
TRESPASS TO LAND
(XÂM PHẠM ĐẤT LIỀN)
1. Enters onto, above, or below the surface of land that is owned by another.
2. Causes anything to enter onto land owned by another.
3. Remains on land owned by another or permits anything to remain on it.
ESTABLISHING
TRESPASS LIABILITY FOR HARM DEFENSE AGAINST
TRESPASS TO LAND
(TRÁCH NHIỆM PHÁP LÝ
(XÁC MINH XÂM NHẬP)
CHO THIỆT HẠI)
TRESPASS TO PERSONAL PROPERTY
(XÂM PHẠM TÀI SẢN CÁ NHÂN)
Called as trespass to chattels or trespass to personality
CONVERSION
(CHUYỂN ĐỔI TÀI SẢN)
- Failure to return goods
- Intention
DISPARAGEMENT OF
PROPERTY
(PHỈ BÁNG TÀI SẢN)
- Slander of quality (Phỉ báng chất lượng)
- Slander of title (Phỉ báng danh hiệu)
6-4. - Duty of care: (Nghĩa vụ cẩn trọng)
UNINTENTIONAL - Breach of duty of care: (Vi phạm nghĩa vụ
TORTS – cẩn trọng)
- Causation: (Quan hệ nhân quả giữa sự vi
NEGLIGENCE phạm và thiệt hại xảy ra)
6-4 - Duty of care: (Nghĩa vụ cẩn trọng)
UNINTENTIONAL TORTS – - Breach of duty of care: (Vi phạm nghĩa vụ cẩn
NEGLIGENCE trọng)
- Causation: (Quan hệ nhân quả giữa sự vi
(Điều khoản liên kết – Tiêu cực) phạm và thiệt hại xảy ra)
UNINTENTIONAL TORTS - NEGLIGENCE
- Unintentional torts occur when the wrongdoer does not intend to cause harm, but harm nevertheless results
due to an accident caused by negligence.
- Negligence involves a failure on one party to act the way an ordinary, reasonable person would act.
- - To prove a defendant was negligent, a plaintiff must prove the following factors:
+ Duty
+ Breach
+ Causation
+ Damages
THE DUTY OF CARE AND ITS BREACH
- A duty of care is a legal obligation to take reasonable steps to not cause foreseeable harm to another person
or their property.
- The first element must be established.
- A breach of the duty of care occurs when one fails to fulfill his or her duty of care to act reasonably in some
aspect.
◦ The nature of act
◦ The manner in which the act was performed
◦ The nature of the injury
THE DUTY OF CARE AND ITS BREACH
- The Reasonable Person Standard: an objective test to determine if a reasonably prudent person would be
justified in drawing the same conclusions under the same circumstances or having knowledge of the same
facts.
Degree of care varies and depends on the defendant’s occupation or profession, her or his relationship
with the plaintiff, and other factors.
- The Duty of Landowners: Landowners owe different duties to different types of people who enter their
land.
THE DUTY OF CARE AND ITS BREACH
- The Duty to Warn Business Invitees of Risks: Business owners must warn invitees of potential harm on
their premises
- Obvious Risks Provide an Exception: require no warning
- The Duty of Professionals:
◦ May owe higher duty of care
◦ Breach of duty is called professional malpractice
CAUSATION
(QUAN HỆ NHÂN QUẢ GIỮA SỰ VI PHẠM VÀ
THIỆT HẠI XẢY RA)
- The cause and effect relationship between an act
or omission and damages alleged in a tort or
personal injury action.
◦ Is there causation in fact?
◦ Was the act the proximate, or legal, cause of
the injury?
- Foreseeability: is a concept that is often used to
determine proximate cause after an accident.
THE INJURY REQUIREMENT AND DAMAGES
- For tort liability to arise, the plaintiff must have suffered a legally recognizable injury.
- Compensatory damages (Bồi thường thiệt hại) are the norm in negligence cases.
GOOD SAMARITAN STATUTES (LUẬT NGƯỜI TỐT)
The statutes are to protect the volunteer who comes to aid the injured or ill stranger from being sued for
contributory negligence, regardless of whatever bad would happen to the injured.
DRAM SHOP ACTS
(LUẬT VỀ CỬA HÀNG BÁN RƯỢU)
- The law under which a bar owner or bartender may be
held reliable for injuries caused by a person who became
intoxicated while drinking at the bar. They may also be
held liable for continuing to serve a person who was
already drunken.
- Some states also impose liability on social hosts for
injuries caused by guests who become drunken at their
parties.
6-5
DEFENSES TO NEGLIGENCE
(Biện Hộ Cho Sự Cẩu Thả)
DEFENSES TO NEGLIGENCE
There are 3 basic affirmative defenses in negligence cases
ASSUMPTION OF RISK SUPERSEDING CAUSE CONTRIBUTORY AND
COMPARATIVE NEGLIGENCE
ASSUMPTION OF RISK
A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will not be allowed to
recover. This situation requires 2 elements:
1/ Knowledge of the risk
2/ Voluntary assumption of the risk
CONTRIBUTORY
SUPERSEDING CAUSE
NEGLIGENCE
An event which occurs after the initial act If a person was injured and his/her negligence
leading to an accident and substantially causes contributed to the accident, this person would not
the accident. The intervening event relieves the be entitled to collect any damages from another
responsibility of the defendant for injuries caused party who supposedly caused the accident.
by the intervening event.
An event which occurs after the initial act leading to an accident and substantially causes the
accident. The intervening event relieves the responsibility of the defendant for injuries caused by
the intervening event.
SUPERSEDING CAUSE
CONTRIBUTORY NEGLIGENCE
If a person was injured and his/her negligence contributed to the accident, this person would not
be entitled to collect any damages from another party who supposedly caused the accident.
COMPARATIVE NEGLIGENCE
- Under this standard, both the plaintiff’s and the defendant’s negligence are computed, and the liability for
damages is distributed accordingly.
- Some jurisdictions have adopted a pure form of comparative negligence that allows the plaintiff to recover,
even if his/her fault is greater than that of the defendant.
- Many states’ comparative negligence statutes contain a “50 percent” rule that prevent the plaintiff from
recovering any damages if he/she was more than 50% of fault.
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