A Study On The Prima Facie Tort Of American Tort Law

Prima Facie Tort is a general theory of intentional tort in American tort law.It has different structures and functions compared with the general theory of intentional tort in civil law system.There are few studies in China.Therefore,it is necessary to analyze the development history,functions,types and elements of applicable cases,especially the legitimacy of Prima Facie Tort in legal history and comparative law.The first chapter of this paper combs the development history of Prima Facie Tort.It is believed that the remedy defect of the writ system in England gave birth to the general intentional tort theory.The history of conceptualization in academic theory mainly includes Frederick Pollock(1845-1937),Charles Bowen(1835-1894),Oliver Wendell Holmes Jr.(1841-1935).In the history of judicial practice,Massachusetts took the lead in establishing the American system of Prima Facie Tort,with New York and Missouri as the representative states.The second chapter combs the function of Prima Facie Tort.The first is to supplement the types of infringement that cannot be compensated for the intentional infringement,which is the applicable way of New York state.Secondly,as a general clause of Prima Facie Tort,this is the second restatement of American tort law.The third chapter combs the types of the cases of Prima Facie Tort.Prima Facie Tort is applicable to unfair competition cases and labor dispute cases,as well as other cases that can not be compensated based on the traditional intentional infringement type,such as cases claiming pure economic loss.The fourth chapter discusses the judgment of "Justification" in the Prima Facie Tort.Justification refers to that the accused behavior that the defendant needs to prove is legitimate and has legal reasons.As an essential part of the concept of Prima Facie Tort,Justification is the key to the establishment of the tort liability of the perpetrator,which is judged by the motivation of the subjective standard and the public policy of the objective standard.