Ch. 4: Tort Law

defamation of character

- a communication to someone about another person that tends to hold that person's reputation up to scorn and ridicule

harm

- actual damages must be established

causation

- also called cause & fact - proximal in nature, must be a connection between negligence and the harm that occurs

product liability defenses

- assumption of risk - contributory negligence (through your own behavior, you've contributed to your injury) - comparative negligence

negligence

- breach of a standard of care - breach of a duty of care - deviation from the standard of care

"but for" test

- but for the negligence of the defendant, the plaintiff would have suffered no harm

burden of proof

- by a preponderance of the evidence standard - weightedness of the evidence - plaintiff must tilt the scales of justice in their favor

tort

- civil action that does not involve breach of contract - civil wrong committed by one individual against another - typically involve some injury

assault

- defined as the deliberate threat, coupled w/ the apparent present ability, to do physical harm to another - no actual contract is necessary

components of negligence

- duty - breach - harm

nonfeasance

- failure to act, when there is a duty to act as a reasonably prudent person would under similar circumstances

ordinary

- failure to do what a reasonably prudent person would or would not do under the circumstances

misfeasance

- improper performance of an act, resulting in injury to another

strict liability

- legal doctrine that makes some persons or entities responsible for damages their actions or products cause, regardless of "fault" on their part - does not require proving of negligence

forms of negligence

- malfeasance - misfeasance - nonfeasance

slight

- minor deviation of what is expected under the circumstances

breach of a duty

- must be a deviation from the recognized standard of care

malpractice

- negligence or carelessness of a professional person

duty

- obligation to conform to a recognized standard of care

malfeasance

- performance of an unlawful or improper act

equitable tolling

- recognition of a general statute of limitations unless fraud has been committed, the statute is tolled or void

degrees of negligence

- slight - ordinary - gross negligence

slander

- spoken/verbal form of defamation

products liability

- the accountability of a manufacturer, seller, or supplier of chattels to a buyer or other third party for injuries sustained because of a defect in a product

battery

- the intentional touching of another's person in a socially impermissible manner, without the person's consent - law provides a remedy if consent to a touching has not been obtained or if the act goes beyond the consent given

false imprisonment

- the unlawful restraint of an individual's personal liberty or the unlawful restraint or confinement of an individual - actual physical force not necessary - can occur when an individual who is physically confined to a given area reasonably fears detainment or intimidation without legal justification

negligence

- unintentional commission or omission of an act that a reasonably prudent person would or would not do under the same or similar circumstances - a form of conduct caused by heedlessness or carelessness that constitutes a departure from the standard of care generally imposed on reasonable members of society

restriants

- used to control behavior when patients are disoriented or can cause harm to themselves or others - must be used on a case by case basis

forseeability

- was the event the primary cause of the injury? - reasonable anticipation that harm or injury is likely to result from an act or failure to act

fraud

- willful and intentional misrepresentation of a material fact

libel

- written form of defamation 1. accusing someone of a crime 2. accusing someone of having a loathsome disease 3. using words that affect a persons' profession or business

elements of defamation

1. has to be untrue 2. statement must be published (merely communicated to a third party) 3. cause harm to repution of character 4. can't be privileged

elements of fraud

includes: - deception - false of a material nature - artifice

gross negligence

the intentional or wanton omission of required care or performance of an improper act