Study On Actionable Per Se In Torts

Actionable per se refers to the special tort litigation, in which plaintiff only to prove the implemented infringement without having the burden of proof to the fact of damage as a result of the defendant's act.Actionable per se is unique in terms of tort law system that originated in early Britain tort law to prosecute trespass of the writ because of trespass to person, the United States and Australia, and other common law countries successively inherited the system. According to cases of the writ process, including trespass to person and trespass to property and land, thereby forming three types of trespass, which includes three famous infringement, namely the assault, battery, false imprisonment, in addition to including some defamation, these 6 types are considered to be actionable per se torts.Infringement in early Britain tort law are derived from the warrant,based on the principle of stare decisis, if the consequences of the damage already provided in case of infringement, the infringement is actionable.The plaintiff in the case may have suffered damage, but the point of view of traditional tort law thought he need not to prove damage results to build elements of the infringement. With the development of modern time fault-liability doctrine, common law countries had a similar type of fault-liability in general terms a negligence, which causes the problem of distinction between actionable per se and negligence that makes the conflicting constantly seek to develop their value proposition and the division of labor standards.In the common law, actionable per se in torts although there are some areas in dispute, but it as a tort system does exist on the applicable law, and plays an important role in related fields. Applicable to different types of infringement constituent different elements, remedy and defenses,but also there are some differences in some respects.The concept of tort liability contained the concept of tort liability and the absolute right of the claims in civil law. Property rights include the right to request the absolute claims, intellectual property rights claim and personality right claim. The corresponding absolute right claims in tort liability preventive purpose and function, and liability basis, respect the legitimacy of the foundation, the establishment of legal requirements and effects gave an enormous challenge to the traditional tort law.Specific features: liability and liability based on redefined, with responsibility for the legitimacy foundation utterly different, elements and legal effect completely subversion.Our legislation frame the preventive claims in Tort Law, common law actionable per se can learn. Studies on common law countries related documents of the tort system for each type of constituent elements,exemptions, liability approach, burden of proof and other issues, so as to form an unified system of induction system infringement. Discussion on the Tort Liability Act to relevant theoretical basis and recommendations based on this system, in order to resolve on the theory and practice of tort law system facing problems and confusion.