מורשת המשפט בישראל

The Jewish Legal Heritage Society


Torts

Chapter One: INTERPRETATION

Section 1 Interpretation

Section 2 Definitions

Chapter Two: RIGHTS AND LIABILITIES IN TORT

Section 3 Civil Wrong and Right to Remedy

Section 4 Trivial Act

Section 5 Voluntary Exposure to Risk

Section 6 Act Under Enactment

Section 7 Public Servant

Section 8 Judicial Authority

Section 9 Minor

Section 10 Corporate Body

Section 11 Joint Civil Wrong Doers

Section 12 Liability of Person Joining in or Procuring Act

Section 13 Liability of Employer

Section 14 Liability of Principal

Section 15 Liability of Party to Contract

Section 16 Saving of Liability

Section 17 Knowledge of Agent or Employee

Section 18 Spouse

Section 19 Effect of Death on Cause of Action

Section 20 Insolvent Estate

Section 21 Bankrupt

Section 22 No Assignment in Tort

Chapter Three: CIVIL WRONGS

Article One: Assault

Section 23 Assault

Section 24 Special Defence

Section 25 Liability for Other Person

Article Two: Imprisonment

Section 26 False Imprisonment

Section 27 Special Defence

Section 28 Liability for Other Person

Article Three: Trespass

Section 29 Trespass to Immovable Property

Section 30 Onus of Proof

Section 31 Trespass to Movable Property

Section 32 Onus of Proof

Section 33 Mistake as to Ownership or Right of Possession

Section 34 Mere Claim of Right Not Trespass

Article Four: Negligence

Section 35 Negligence

Section 36 Duty Towards all Persons

Section 37 Duty of Owner of Immovable Property Towards Trespasser

Section 37a Duty Towards Trespasser in a Military Area

Section 38 Onus of Proof of Negligence When Damage Caused by Dangerous Things

Section 39 Onus of Proof of Negligence When Damage Caused by Fire

Section 40 Onus of Proof of Negligence When Damage Caused by Animal

Section 41 Onus of Proof of Negligence Where Facts Speak for Themselves

Article Five: Nuisances

Section 42 Public Nuisance

Section 43 Action for Public Nuisance

Section 44 Private Nuisance

Section 45 Special Defence

Section 46 Existing Nuisance

Section 48 Interference with Daylight

Section 48a Prevention of Support

Section 48b Use Required in the Public Interest

Article Six: Misappropriation

Section 49 Unlawful Detention of Property

Section 50 Onus of Proof

Section 51 Return of Detained Property

Section 52 Conversion

Section 53 Special Defence

Section 54 Jus Tertii to be no Defence

Section 55 Return of Converted Property

Article Seven: Deceit

Section 56 Fraud

Section 57 No Action in Respect of Certain Kinds of Fraud

Section 58 Injurious Falsehood

Section 59 Passing Off

Article Eight: Malicious Prosecution

Section 60 Malicious Prosecution

Section 61 Bar to Action for Malicious Prosecution

Article Nine: Causing Breach of Contract

Section 62 Unlawfully Causing Breach of Contract

Article Ten: Breach of Statutory Duty

Section 63 Breach of Statutory Duty

Chapter Four: FAULT

Section 64 Causing Damage by Fault

Section 65 Conduct of Plaintiff

Section 66 Conduct of Defendant

Section 67 Fault of Person Includes Fault Other Person for Which Firstmentioned Person is Liable

Section 68 Contributory Fault

Section 69 Contributory Fault Causing Death

Section 70 Plea of Description

Chapter Five: REMEDIES FOR CIVIL WRONGS

Section 71 All Courts Competent to Grant Remedy

Section 72 Injunctions

Section 73 Conditions of Grant in Injunction

Section 74 No Injunction to be Granted in Certain Cases

Section 76 Compensation

Section 77 Compensation Only to be Recovered Once

Section 78 Right of Dependents to Compensation

Section 79 Persons Entitled to Bring Action

Section 80 Compensation and Calculation Thereof

Section 81 Sums Not to be Taken into Account

Section 82 Compensation and National Insurance benefits

Section 83 Claim and Indemnity in Case of Joint Civil Wrong Doers

Section 84 Indemnity as Between Civil Wrong Doers

Section 86 Insurance Not to be Taken into Account in Assessing Compensation

Section 87 Compensation for Defamation Published in a Newspaper

Section 88 Civil Wrongs Ordinance (New Version)

Section 89 Commencement of Period of Prescription

Chapter Six: MISCELLANEOUS

Section 91 Provisions as to the Award of Diyet

 

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