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simply torts are civil laws recognize that personal error, the answer to a charge of law as the basis for accountability and action. These are errors that cause injury or harm and are grounds for seeking a claim for compensation by the injured party. Some of tort law are civil crimes, punishable by imprisonment, but the main reason of tort law is a way to compensate or to help for the damage inflected forms and a commitment from the other same harmful violations. The person who injured sue May an injunction to the harmful behavior, or for financial compensation for damages.
There are several types of damage, the injured party may claim and receive compensation from, for example: loss of ability to pay, pain and suffering, unnecessary psychological pressure, and adequate medical care. Claims can also be both present and future expected losses.
Among the most common of torts are: trespass, assault, battery, negligence, product liability, and intentional infliction of emotional stress (harassment).
Torts can also be divided into three categories:
Intentional torts are those injustices which the defendant had knowledge, or reason to know, would be through their direct participation, a part of or deliberate inaction. Negligent torts, if the defendant actions as disproportionate uncertain. Strict liability does not unduly depend on how much the defendant's sense of responsibility, but after the fact, if a particular action causes. A person can be in an inappropriate manner, but is not the subject of a tort, to be entitled to more and desist or call for compensation is.
1. intentional torts (eg, a person intentionally harm);
2. negligent torts (causing an accident is not to obey traffic rules) and
3. strict liability torts (eg liability for knowingly selling defective products
Tort law is derived from common law judge and adopted in legislation by state lawmakers adopted the law.
General principle Torts
(1) Anyone who in the privacy of another is liable to pay for any resulting damage to the interests of the person, the injury.
Privacy invasion is explained by:
(a) unreasonable intrusion into the seclusion of another or
(b) Identity theft, appropriation of the other's name or the similarity or
(c) malicious, false or inappropriate advertising for a different person in private life, or
(d) advertising for a disproportionate nature, the other person in a false light before the public,
Intrusion on seclusion is a person who intentionally intruder, physically or otherwise, to the solitude and seclusion of another person or his / her private affairs or concerns. The maker is wrong, the liability was wrong for the violation of privacy if the intrusion is highly offensive to a reasonable person.
Use the name or similarity (identity theft) is a person who's name or image of another for his own use or benefit, the maker is wrong, the wrong person for violation of privacy.
Advertising on life when a person intentionally produced derogatory publicity concerning the privacy of another person, the liability to the injured person for the invasion of his privacy, if the known is a species that
(a) would be an insult to a reasonable person, and
(b) is not of legitimate concern to the public.
Advertising placement of a person in a false light, if a person falsely to the public before the public in such a manner as to shed a false light on the character or the integrity of another person. Such a person is, the costs of injuries, the injured person for violation of privacy if:
(a) the false light in which the other was would be an insult to a reasonable person, and
(b) the actor was aware of or in reckless disregard traded to the falsity of the known matter and the false light in which the other would.
Common law protection of privacy, it was found that offenders in personal actions are not valid, while at work Restatement of Torts (2nd)
§ § 652A-E (Privacy Policy)
Bourke v Nissan Motor Corp. in the United States No. B068705 (cal. Court App., 2nd Dist., July 26, 1993) (finding that employer's reading of employee e-mail is not against California common law, constitution, statutes or privacy)
In Conclusion:
Every American citizen is protected under the law, on his / her civil laws of the states to protect their citizens against all that they cause unnecessary injuries. Although every state rest on its courts, they all are in agreement on most issues. The personal and civil rights violations each citizen is under the tort of any individual state.
If a person or a person who violated civil liberties and civil courts are not in a position to correct the statements then the injured party or parties may petition a higher court, as the Supreme Court.
Civil rights or rights of individuals are, attack on personal integrity, invasion of privacy, identity theft, product responsibility, and the attack on the person or property. While privacy is important, in an open and free society, the right to know who you are employed or live, is also important. Background checks would be in the vicinity of children or occupation must be an authoritative positron examined for the safety of society. Suspected terrorists or enemies of the state should also be questioned without their personal rights. These and many other reasons for your personal information to public information is a necessity for public safety.
In our society, private citizens from the harmful acts of others under the law but of public life or previous legal power switch, do not fall under the same protection stancher's.
Donald Yates, Former Director of Business and Leadership Development for Imperial Research, is now retired but continues to assist young people in their own lives through the discovery, Life course planning, intuition, and fulfillment. Learn how to be a powerful organization of their own. Go to http://www.clean4profit.com and learn how to welcome a company for life.
วันพฤหัสบดีที่ 13 สิงหาคม พ.ศ. 2552
www law creighton edu
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