Reading Law Essay

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7 Intentional Torts 故意侵权行为 8.1 INTENT
Purpose: Defendant desires to cause consequences
Knowledge: Defendant believe consequences are substantially certain to result 8.2 HARM TO THE PERSON 8.3.1 BATTERY 施加
Intentional infliction of harmful or offensive bodily contact
Case Garrett v. Daley 8.3.2 ASSAULT 攻击
Intentional infliction of apprehension of immediate bodily harm or offensive contact 8.3.3 FALSE IMPRISONMENT 非法监禁
Intentional confining of a person against her will 8.3.4 INFLICTION OF EMOTIONAL DISTRESS 故意精神伤害 1) Intentional or reckless 不顧後果的 conduct 2) That is extreme and outrageous 3) A causal connection between the wrongful conduct and the emotional distress 4) Severe emotional distress
Case Ferrerll v. Mikula 8.3 HARM TO THE RIGHT OF DIGNITY 8.4.5 DEFAMATION 诽谤
Libel
Slander
Defenses
8.4.6 INVASIOM OF PRIVACY 侵犯隐私 1) Appropriation of a person’s name or likeness: right of publicity 2) Unreasonable intrusion upon the seclusion of another 3) Unreasonable public disclosure of private facts 4) Unreasonable publicity that places another in a false light in the public eye 8.4.7 MISUSE OF LEGAL PROCEDURE 滥用法律程序 8.4 HARM TO PROPERTY 8.5.8 REAL PROPERTY 1) Trespass 非法侵入 2) Nuisance 8.5.9 PERSONAL PROPERTY 1) Trespass 2) Conversion 改变信仰 8.5 HARM TO ECONOMIC INTERESTS 8.6.10 INTERFERENCE WITH CONTRACTUAL RELATIONS 8.6.11 DISPARAGEMENT 毁谤 8.6.12 FRAUDULENT MISREPRESENTATION 诈欺性的不真实说明 8.6 DEFENSES TO INTENTIONAL TORTS 8.7.13 CONSENT 8.7.14 PRIVILEGE 特免

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9 Introduction to Contract 10.7 DEVELOPMENT OF THE LAW OF CONTRACTS 10.8.15 COMMON LAW 10.8.16 THE UNIFORMED COMMERCAL CODE 10.8.17 TYPES OF CONTRACTS OUTSIDE THE CODE 10.8 DEFINITION OF A CONTRACT
A contract is not a "thing," but a relationship between its parties. This relationship entails mutual rights and duties contained in what is essentially a set of promises that the courts will enforce. A contract, then, can be defined as:
"a promise or set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes as a duty."
(A breach is the failure to perform contractual promises properly.)
It is important to note that while all contracts are promises, not all promises are contracts. Some promises are unenforceable and, therefore, are not contracts. For a promise to be enforced, it must include all essential requirements of a legal, binding contract.
Case Steinberg v. Chicago Medical School 10.9 REQUIREMENTS OF A CONTRACT 10.10.18 MUTUAL ASSENT 互相同意
The parties must show by words or conduct that they have agreed to enter into a contract. The usual method of showing mutual assent is by offer and acceptance. 10.10.19 CONSIDERATION
Each party to a contract must intentionally exchange a legal benefit or incur a legal detriment as an inducement to the other party to make a return exchange. “QUID PRO QUO” 交换条件 10.10.20 LEGALITY OF SUBJECT MATTER
The purpose of a contract must not be criminal, tortious, or otherwise against public policy. 10.10.21 CAPACITY
The parties must have contractual capacity.
Some persons, such as adjudicated incompetents (persons placed under guardianship by a court order), have no legal
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