Introduction to Law: Tort Law

res ipsa loquitur

(Latin for "the thing speaks for itself") is a doctrine that states that the elements of duty of care (i.e. legal cause of action from violation of a binding agreement) can sometimes be inferred from the very nature of an accident - even without direct evidence of how any defendant behaved.

assumpsit

A form of action at common law (i.e. developed by judges by decisions of courts) for the recovery of damages (i.e. monetary compensation) caused by the breach or non-performance of a simple contract, either express or implied, whether made orally or in writing.

tort

A non-contractual civil wrong.

demurrer

A pleading in a lawsuit that objects to a pleading filed by an opposing party. Typically, the defendant in a case will demur to the complaint, but it is also possible for the plaintiff to demur to an answer. The demurrer challenges the legal sufficiency of a cause of action in a complaint or of an affirmative defense in an answer.

intentional torts against persons

Assault, battery, false imprisonment, defamation of character, misappropriation of the right to publicity, invasion of the right to privacy, intentional infliction of emotional distress.

assault

Creating apprehension of an imminent harmful or offensive contact with a person.

punitive damages

Damages meant to punish.

strict liability (liability without fault)

Defective products (product liability), ultrahazardous activities (blasting activities), or dangerous animals (wild animals).

elements of negligence

Defendant owed a duty of care to plaintiff, defendant breached the duty of care, plaintiff suffered an injury (damages), or defendant's negligent act caused the plaintiff's injury (causation).

causation

Defendant's negligent act caused the plaintiff's injury.

battery

Intentional harmful or offensive contact with a person under civil law.

workers' compensation

Laws that apply to those injured at work.

damages

Money that a defendant pays a plaintiff in a civil case that the plaintiff has won, to compensate the plaintiff for loss or injury.

special negligence doctrine

Negligent infliction of emotional distress, negligence per se (violates statute or regulation), or res ipsa loquitur ("the thing that speaks for itself").

tortfeasor

One who commits a tort.

cause of action

The basis upon which a lawsuit may be brought to court.

intentional torts against property

Trespass to land or trespass to and conversion of personal property.