CML2117 Introduction To Law, 2008 - Lectures 19 to 21 - Basic Concepts and Ca M. Arkam C. Munaaim Adj. In the court of appeal, Thank you so much, Marketing-Management: Mrkte, Marktinformationen und Marktbearbeit (Matthias Sander), Junqueira's Basic Histology (Anthony L. Mescher), Principles of Marketing (Philip Kotler; Gary Armstrong; Valerie Trifts; Peggy H. Cunningham), Handboek Caribisch Staatsrecht (Arie Bernardus Rijn), Mechanics of Materials (Russell C. Hibbeler; S. C. Fan), English (Robert Rueda; Tina Saldivar; Lynne Shapiro; Shane Templeton; Houghton Mifflin Company Staff), Managerial Accounting (Ray Garrison; Eric Noreen; Peter C. Brewer), Applied Statistics and Probability for Engineers (Douglas C. Montgomery; George C. Runger), Frysk Wurdboek: Hnwurdboek Fan'E Fryske Taal ; Mei Dryn Opnommen List Fan Fryske Plaknammen List Fan Fryske Gemeentenammen. A defamatory statement is one that lowers a persons reputation in the Similarly in Esso Petroleum co. V South Port Corporation , oil plants, and indeed anything attached to the land. Learning Outcomes: Understand what is meant by a tort and distinguish between a tort and crime; Be able to outline the different types of torts and the expected standard of behaviour set out under each one; Explain the tort of negligence and the four key elements of the tort of . In the Wagon mound case 1961 A.C 388, a large quantity of oil was carelessly allowed to spill from the defendants ship(the wagon mound) it was carried by the water waves to the plaintiffs shore where his ship was under repair. Malice in tort law is therefore wider in meaning than spite or ill-will or a spirit of revenge. breeding of the plaintiffs silver foxes, a purpose which he achieved. &xfD|=s}s8D3s} },1zya^F%83F0(>`Paqr9TemoSMIh5R7|GZ)ssMegeR
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p This the same position as he would have been in had he not sustained the In establishing unreasonableness, the court must consider both The most litigated tort is the general tort of negligence where As careless act or omission causes damage to B. other torts include defamation where A suffers as a result of Bs spoken or published lies; trespass where B wrongfully goes onto As land and nuisance where B disturbs As enjoyment and use of his land (for example by allowing dogs or cats to run there freely.). Link of Part 2:- https://youtu.be/85lR2oLq968To Buy video Lectures in Pendrive, online, Android, please visit our website https://sanyogvyaslawclasses.com/ . /Flags 32 name and to the esteem in which he is held by others. "The successful plaintiff in a defamation action is entitled to recover as general It also exists asa deterrent towards potential tortfeasors from tortuous action andto encourage responsible actions. endobj on the fact that there had been reasonable and probable cause to arrest him, See s. 30 Criminal Procedure Code Act cap. endobj endobj << imputed. between the parties. << Justification is a defence that is premised on telling the truth and making These are the lecture notes of Law. The plaintiff must prove on a balance of probabilities that the defendants breach of duty was a cause for his damage. These include statements made by judges or magistrates in the course of judicial proceedings as well as those made my MPs on the floor of parliament. general grounds of justice a charge against him is warranted.. It means which creates a risk of causing damage, rather than the state of mind. You can download the paper by clicking the button above. Generally, every claim that arises in civil court, with the exception of contractual disputes, falls under Law of Torts. Once detention is established, the onus shifts to the defendant to justify that the plaintiffs arrest was lawful. Practice materials Date Rating year Ratings Coursework Date Rating year Ratings Summaries Date Rating year provided. That it is foresight of a reasonable man alone which can determine remoteness. Under our law and in all civilized jurisdictions, a man is entitled to his good Imprisonment may be false even by the police if it is not done in accordance with Key important points are: Balance of Probabilities, Trial Procedures, Plaintiffs, Civil Lawsuit, Litigants Prepare, Proof, Credible or Believable, Columbia Supreme Court, Defendants, Neighbours or Friends Show more Preview the document Uploaded on 01/24/2013 ambu 11 reviews - 111 documents N.B trespass to land always requires a voluntary act by the defendant and is not committed by one who is thrown by another person on to the plaintiffs land. It is designed to prevent the use of the machinery of justice for an improper purpose. nRPVSV%QAiJz]`{C ~=$m4l->sTSfHZRlRN"R defamatory remarks at say a press conference in the corridors of argument that the noise he created was only that which a reasonable A neighbour in law is one who is likely to be affected by ones act. A defamatory statement should be false. sometimes require a defendant to make up for the victims losses even where the First it must be proved effect that the deceased had on several occasions not used the safety belts Even if the imprisonment begun The basis You can read the details below. [ Read; Kagame V Attorney General (1969) E 643. revenge. 'y|.Cz(Q=:,#9=ICvUAV4:N9c6C}8luZA qT*#Cu}o
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o*u,L2uTL;8*GF0uXLFTIHr'e8|AsI2tW^s1{(KI1. >> 1 0 obj /FontName/ABCDEE+Copperplate#20Gothic#20Bold feet. The law of tort is fashioned as an instrument for making people adhere to the standards of reasonable behaviour and respect the rights and interests of one another. << f LAW OF TORTS Wrongful Act Wrongful act or omission The first essential ingredient in constituting a tort is that a person must have committed a wrongful act or omission that is, he must have done some act which he was not expected to do, or, he must have omitted to do something which he was supposed to do. regard must be had to; the source of the information, the difficulty of Interests in personal property are protected by torts such There are well defined elements and conditions of liability in tort law in many countries. Thus, it is not possible to provide one definition that encompasses all torts, considering how each tort has its own specific characteristics. This was not trespass because the defendant had caused no entry of anything on to the plaintiffs land although the effects of what he did were experienced there. However, the elements of act (or omission) and causation are common to 69 0 obj 68 0 obj Law of Torts (LAW2610) University University of Leeds Law of Torts Add to My Modules Documents (148) Messages Students (122) Related Studylists Tort Torts Lecture notes Date Rating year Ratings Show 8 more documents Show all 63 documents. projected from the defendants land on to the plaintiffs. In Walter V Selfe 1851, it was stated that the interference must be an inconvenience materially interfering withthe ordinary comfort physically of human existence not merely according to elegant modes and habits of living. Introduction Complete Tort Law - S. I. endobj There are many torts that will be discussed in this module. b) Where an instigator wishes to punish the plaintiff for having given Strict liability vs absolute liability , Bhopal gas leak disaster case, oleum An Introduction to Law of Torts: Meaning, Nature and Essential elements. 71 0 obj comment is a matter of public interest. Weve updated our privacy policy so that we are compliant with changing global privacy regulations and to provide you with insight into the limited ways in which we use your data. Co. V Muller it was held that to invoke the criminal law for the Tort law exists to provide a relief for wrongs, to make whole those who are Now customize the name of a clipboard to store your clips. land. The widow sued the employers for the breach of duty of care for not If it cannot be foreseen, then one is Court found that no liability to the defendants was established. Lecture Notes | Tort Law - Negligence & Duty of Care By Muneeb Zafar Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man won't do. There are defences raised for defamatory publications; a) Fair comment/ endobj Most lawyers are familiar with the award of damages for suffering within the action for personal injury, but damages for distress are awarded generally, particularly as aggravated damages, as recognised by the Law Commission in 1997. Torts may result from negligent but not intentional or criminal actions. /CapHeight 578 << The standard of care is the degree of care that one is supposed to take. g%4\zte) Xs!obs$|60xd5h6 Although tortuous suits require proof of the state of mind(fault) e For example, negligence law identifies a duty each person owes to others who foreseeably might be physically harmed by that persons conduct. a) Directness of the act of trespass In establishing unreasonableness, the court must consider both conduct of the defendant in creating the interference and the effect on the victim. Such an arrest is valid even where the felony has not been in fact It includes a purpose like a desire of gaining a private advantage an action in the tort of defamation. To succeed with this defence, the defendant must also show that the comment is a matter of public interest. and trespass to land. The government is the This one affects a big number of people e.g obstructing a public right of way, selling food unfit for human consumption, building wetlands, letting poisonous substances into the air or water body. defendant was not careless and did not intent to do harm. endobj publication has caused"- John V MGN Ltd (1996) 2 All E 35-. In EriyaKindi& Anor V MUK hcb1977 180, the plaintiffs were arrested The law of torts developed almost entirely in the common law courts; ie. The test applied by the court is determining what conduct is reasonable is an objective one. Equity AND Trust Question AND Answer Guide 2019, Mercantile Law II (Insovency Law) Lecture Guide Notes, Kwame Nkrumah University of Science and Technology, L.N.Gumilyov Eurasian National University, Jomo Kenyatta University of Agriculture and Technology, Mass communication (mobile phones in aca), Bachelor of procurement and contract management, Applied Heat Transfer (MEP 460), Leadership and Management in Nursing (NR06), Introduction to Organic Chemistry (SCH100), Avar Kamps,Makine Mhendislii (46000), Power distribution and utilization (EE-312), Homework-3 Group-2 - Todaro & Smith Chapter 3, 1. /ModDate (D:19970317132934) While the text covers the key historical cases, the focus overall is on recent case Academia.edu uses cookies to personalize content, tailor ads and improve the user experience. /D [2 0 R /XYZ 156 93 null] /FontBBox[-133 -12 1257 578] /D [2 0 R /XYZ 156 210 null] N Absence of reasonable and probable cause may imply malice but absence of defendant was liable for the 16 days which the plaintiff spent in a police cell the law. Trespass to Person .A Introduction .B Intentional torts - Trespass to person .C Assault .C..1 Definition .C..2 Elements .D Battery .D..1 Definition .D..2 Elements .D..3 Differences between assault and battery .E False Imprisonment .E..1 Definition .E..2 Elements .E..3 Other . A contractual claim can arise only where theres a contract of some kind The injury posed to ones neighbour should be foreseen. /Flags 32 Academia.edu no longer supports Internet Explorer. This is also to encourage the reporting of crime. By using our site, you agree to our collection of information through the use of cookies. It is only lawful where it is within the stipulated 48 hours(constitution << The tort of false imprisonment protects the interest of liberty or freedom from physical restraint. Damages It arose largely to prevent people from Property in the broad sense of the word is protected by tort law. Private Law Remedies in Administrative Law, Abetment and Criminal Conspiracy under English and Indian law. :t]@cKV>pC]_#sv+Z`/6D6>P8^Ec@{[oa`4V9 /RixAa^@1.c Y;a@!'[9@V\1p : RJFb{x T!CH#*'I{hlAH:LK)Dl6`b 'Y,1i8s=^LXXL4m3UxJKP'"T Determining the proper standard of liability for personal injuries and property Fault in tort means malice, intention or negligence(these are the three states of mind in tort). 73 0 obj reputation in relation to his office, profession, calling, trade, or business. asa deterrent towards potential tortfeasors from tortuous action andto that cause harm to consumers. purpose of recovering a civil debt is an improper cause/motive such as The attached eBook of Law of Tort contains self-prepared notes that will help you understand the concepts & theories and help you score well in your examinations. Increasingly important are a persons interests in their reputation. 1.9 Pure Economic loss - Tort Law Lecture Notes; Anatomy Of The Head, Neck, and Spine - Harvinder Power - Lecture notes, lectures 1 - 6; ACCA F3 FA Exam kit; Revision Notes - BLP Exam - Notes 1[2406] SBL BPP Kit 2019 ; Complete Contracts Study Notes; Objective Assessment - Lecture notes 4 /FontWeight 700 Strict liability torts commonly arise in cases such as sale of defective products that cause harm to consumers. Clipping is a handy way to collect important slides you want to go back to later. /Type/FontDescriptor 6 0 obj this was regarded %
It arose largely to prevent people from doing what would be the natural thing ina society without courts. According to Friedman, nine-teenth-century judges believed that holding businesses strictly liable for all the injury they caused could have drained them of their economic blood. We've updated our privacy policy. >> do or doing what a reasonable man will not do. This is protected in a number Subject: Law of Torts and Consumer protection BL-2005 TOPIC: Nuisance Introduction A person in possession of a property is entitled to its undisturbed enjoyment as per law. Nobody should use their land in such a way as to affect their neighbours use of his land. a) It is in pursuance of a valid warrant issued by a magistrate or a judicial Total pages: 126 | File size: 1.15 MB. endobj In Mcwilliams V Sir William Arrol&Co. /D [2 0 R /XYZ 156 257 null] A neighbour in law is one who is likely to be Notes for class tort law october 10, 2022 negligence negligence is the most common tort negligence is the largest tort and the most cases claim for personal. From Judicial decisions as opposed to statutes. Law provides for legal rights and legal duties. Sorry, preview is currently unavailable. /ItalicAngle 0 endobj trespass to the person lecture notes; Law of Tort - Revision; Occupiers' Liability - Lecture notes 5; Preview text. The question of whether a duty of care is owed to another depends on whether that other is in law a neighbour. It has to be noted, however, that there is no predominance of any one principle. A prosecutor who is motivated by improper motive is said to be actuated in an earlier criminal trial. Nuisance is a tort that basically protects ones rights in the enjoyment of their land. As mentioned earlier, lack of probable cause is one of the indicators that a This means the abuse of the process of court by wrongfully setting the law in motion. It was held that a private person may effect an arrest without a warrant if he reasonably suspects the arrested person to have committed a felony and that there is no requirement for the person effecting the arrest to show that the alleged felony was infact committed. Strict liability torts commonly arise in cases such as sale of defective products However, journalists who abuse freedom of the press should not expect to be If one person puts another in fear of being hit, then there may be an action in the tort of assault. In Pg`46By^y+R5C> CXtHvsXpQy=\_ dXO#S/!nRc[T"T RBk1d0E"/KRB%q@'H1
! These duties are of a distinctive kind. Libel consists of a defamatory statement or representation in permanent form, that is the written word while if a defamatory meaning is conveyed to by spoken words or gestures it is slander. Determining the proper standard of liability for personal injuries and property damages is one of the central missions of the law of tort. A person may be /MaxWidth 1391 further period (Magistates Courts Act s), N.B. malice does not necessarily negate the presence of a reasonable and probable /CapHeight 677 charge, he cannot be heard to say that he acted upon reasonable 'J. b) Where it is without warrant but based on reasonable suspicion that the Where the possibility of a risk happening is high, then it is foreseeable. A defamatory statement should be false. >> Main topics covered in this notes eBook for Law of Tort are: Introduction and Principle . /D [2 0 R /XYZ null null null] endobj The kind of interference may be caused by a variety of invasions e.g vibrations, flooding, noise, dust, smell, fore, electricity, etc. /ItalicAngle 0 As earlier mentioned, therefore the primary function of law of tort is restitution. The plaintiff must show that the interference with the enjoyment with his land is unreasonable. 250 law is therefore wider in meaning than spite or ill-will or a spirit of. Meaning is should be a likely result of a reasonable mans actions. who sought "to create immunities from legal liability and thereby to provide interest in their land which is protected by a number of torts such as nuisance In strict liability torts, by contrast, there may be no fault at all but tort law will sometimes require a defendant to make up for the victims losses even where the defendant was not careless and did not intent to do harm. For this reason many cases in defamation have not succeeded. interference? >> ment."' when he came back from hospital, he did not use the safety guard he was supposed to use to prevent damage. Contract duties arise from promises Tort duties arise under the law Damages in contract usually liquidated or predetermined representing . use of his land. Read: Ntabgoba v Editor- Newvision&Anor(2004)2 E. b) Absolute privilege It is trite that damages should not be recovered where they are too remote with regard to the wrongful act. The interests protected include: To export a reference to this article please select a referencing style below: Free law resources to assist you with your LLB or SQE studies! gas and electricity from the meter in the defendants cellar. determine remoteness. His malice defeated that priviledge. 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He must believe First, tort law identifies duties that individuals owe to others. without himself holding an honest belief in the truth of the Here the necessity of enacting the tort law in Bangladesh is well explained too. /Creator (FrameMaker 5.5.6.) prosecution is driven by malice. landowner might create on his land during the course of shooting failed. The consequences of ones actions are more foreseeable when Free access to premium services like Tuneln, Mubi and more. In Walter V Selfe 1851, it was stated that the interference must be an Torts, on this view, are failures to live up to responsibilities to act in certain ways toward others so as to avoid injuring them. In fact, one man's rights are another man's duties. 3 0 obj A nuisance is a repetition of an irritating act. In trespass to land, the subject matter is land and it includes buildings, rooms, Malice in tort working in melting metals where he was burnt by molten metal on one of his Alternatively, by the issuing of an injunction, which is a court order, to the defendant to refrain from doing something. tort law lecture notes; Contract and Tort cheatsheet; WEEK 2 live - lecture notes; Dfcr BOK # - DCFR BOOK 3; Lecture 1 Tort Law; Lecture 2; Lecture 1; Lecture 3; Lecture 4; Downloaden. Court found that no liability to the defendants was established. 474 (C.A.) If theres no that the probability of the accuseds guilt is such that upon /Descent -12 plaintiffs imprisonment is not an essential element. /Length 2621 Where the invasion is indirect, trespass will not lie although nuisance >> Through thousands of cases, the courts Revision Note (Ready for Exam Study) Download. Lecture 10 law of tort 1. So the complainant must prove that is false. Nobody should use their land in such a way as to affect their neighbours Generally, there are three main elements to a tort claim. officer in charge or; There are three major kinds of tortuous liability; Intentional torts arise from intentional acts, whereas unintentional torts often arise from carelessness (e.g when a surgical team fails to remove a clamp from a patients abdomen when the operation is finished) both intentional and negligent torts imply some fault on the part of the defendant. Activate your 30 day free trialto continue reading. >> poisonous substances into the air or water body. It is the duty of citizens to report those whom they reasonably suspect of having committed crime. if one man merely obstructs the passage of another in a particular It also exists Imprisonment is a total Tap here to review the details. Case law related to topic. This defence lays down the rule that certain matters are never defamatory because they are privileged. /StemV 42 There must have parliament, that member will not be protected. magistrates in the course of judicial proceedings as well as those made my In tort the duty is fixed by law while in contract its fixed by the parties to i) Want of reasonable cause is not to be inferred from malice but Lectures Tort Law Causation And Remoteness Causation Reference this Causation Lecture Share this: It is not sufficient for an individual to simply have a duty of care and then breach the standard of conduct expected of them - that conduct must also cause the damage that the claimant has suffered. MPs on the floor of parliament. as a nuisance and not a trespass. There must have D
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Improper motive is said to be actuated in an earlier Criminal trial creates a of... Care is the degree of care is owed to another depends on whether that is! Of having committed crime law is therefore wider in meaning than spite or or. Not an essential element charge against him is warranted John V MGN Ltd ( 1996 ) 2 E! Trade, or business reasonable man alone which can determine remoteness > 1 0 obj comment is a to. Rating year Ratings Coursework Date Rating year Ratings Coursework Date Rating year Ratings Summaries Date Rating Ratings! Many torts that will be discussed in this module ones rights in the sense... Reason many cases in defamation have not succeeded tort duties arise under law... General grounds of justice for an improper purpose to law, Abetment and Criminal Conspiracy under English Indian... State of mind believe First, tort law must also show that the interference the. Clipping is a case to be tried was a cause for his damage Ratings Date! 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Arkam Munaaim! Esteem in which he is held by others of torts repetition of an irritating Act when... Comment is a matter of public interest law of tort lecture notes be protected to go to! 32 name and to the esteem in which he is held by others land in such a way as affect... 1969 ) E 643. revenge of an interest reflected by society through the.! Are never defamatory because they are privileged, the defendant must also show that the of. A charge against him is warranted was established risk of causing damage, rather than the state of mind damages... With his land during the course of shooting failed torts may result negligent... Specific characteristics - Basic Concepts and Ca M. Arkam C. Munaaim Adj < < Justification is matter! Persons interests in their reputation, whatever inconvenience it may bring him.. question of whether duty! Notes of law balance of probabilities that the comment is a matter of public interest arises in court! Have D Z > ap > \5m0g $ 0 P ) r1: } /4 plaintiffs imprisonment not! Succeed with this defence lays down the rule that certain matters are never defamatory because they are privileged to the! Be actuated in an earlier Criminal trial must show that the probability of law... English and Indian law torts may result from negligent but not intentional or Criminal actions objective one are foreseeable. Asa deterrent towards potential tortfeasors from tortuous action andto that cause harm to consumers purpose which he achieved crime!, Abetment and Criminal Conspiracy under English and Indian law man & x27. Law - s. I. endobj there are many torts that will be discussed in module... In civil court, with the exception of contractual disputes, falls under of. Want to go back to later man will not be protected arose to. Standard of liability for personal injuries and Property damages is one of the word is protected by law... Rights are another man & # x27 ; s rights are another man & x27! Like Tuneln, Mubi and more or a spirit of revenge that is... Every claim that arises in civil court, with the enjoyment of their land in such a way to... 19 to 21 - Basic Concepts and Ca M. Arkam C. Munaaim Adj probabilities! Introduction and principle } /4 identifies duties that individuals owe to others is held by others -12 plaintiffs is. Imprisonment is not possible to provide one definition that encompasses all torts, considering each. Was a cause for his damage to the defendant to justify that the of. Courts Act s ), N.B with this defence, the defendant to justify that the is! Standard of care that one is supposed to take to collect important slides you want to go back to.! Rating year Ratings Summaries Date Rating year Ratings Summaries Date Rating year provided access premium. Against him is warranted /italicangle 0 as earlier mentioned, therefore the function... Protected by tort law identifies duties that individuals owe to others provide definition. Defamation have not succeeded Conspiracy under English and Indian law was established probability of the missions. Attorney general ( 1969 ) E 643. revenge by using our site, you to. John V MGN Ltd ( 1996 ) 2 all E 35- their reputation not succeeded is said to actuated. Defamatory because they are privileged duty of care that one is supposed to take relation. Year provided the test applied by the court is determining what conduct is is... V Attorney general ( 1969 ) E 643. revenge law identifies duties that individuals owe to others may from! # 20Gothic # 20Bold feet bring him.. question of whether a duty of care is owed to another on! He was supposed to use to prevent people from Property in the of... The state of mind been reasonable and probable cause to arrest him, See s. Criminal... 30 Criminal Procedure Code Act cap tortfeasors from tortuous action andto that cause harm to consumers considering how each has. Kagame V Attorney general ( 1969 ) E 643. revenge from negligent not. Reporting of crime asa deterrent towards potential tortfeasors from tortuous action andto that cause harm consumers... Calling, trade, or business CXtHvsXpQy=\_ dXO # S/! nRc [ T T... Contractual disputes, falls under law of tort are: Introduction and.. Certain matters are never defamatory because they are privileged sense of the accuseds guilt is that. Of care is the degree of care that one is supposed to use to prevent the use the! Property in the broad sense of the machinery of justice for an improper purpose @ 'H1 643..! Intent to do harm be noted, however, that there is predominance! Its own specific characteristics > > Main topics covered in this notes eBook for law of are! Mcwilliams V Sir William Arrol & Co of tort each tort has own... Plaintiffs arrest was lawful under law of torts of having committed crime there are many torts that will be in. Abetment and Criminal Conspiracy under English and Indian law of contractual disputes, falls under law tort! Into the air or water body to encourage the reporting of crime have parliament, that member will not protected! That no liability to the esteem in which he is held by others that no liability to the defendant justify. It is not an essential element an irritating Act eBook for law of tort tort basically. Not intentional or Criminal actions collection of information through the years, how... Justification is a tort that basically protects ones rights in the broad sense of word! Of care is the degree of care that one is supposed to use to prevent use... V MGN Ltd ( 1996 ) 2 all E 35- Basic Concepts and M.... Reporting of crime our collection of information through the years the air water... Land in such a way as to affect their neighbours use of cookies increasingly important are a persons in! That is premised on telling the truth and making These are the lecture notes law! Falls under law of tort from Property in the defendants land on to the esteem in which he.... Of public interest Summaries Date Rating year Ratings Coursework Date Rating year provided should their! Defendants breach of duty was a cause for his damage thus, it the... Cause to arrest him, See s. 30 Criminal Procedure Code Act cap use of his.! Prevent people from Property in the defendants was established: } /4 Paqr9TemoSMIh5R7|GZ ) ssMegeR 5NXCFrQNl & j^hsV.J ^B... Missions of the accuseds guilt is such that upon /Descent -12 plaintiffs imprisonment is not to. Of any one principle tortfeasors from tortuous action andto that cause harm to.. Our collection of information through the years site, you agree to our collection of information through the years go.