Tort Law
What is product liability?
"Fault doesn't matter" If a person or company creates a product and it does not do what it's supposed to, and then injures someone it's the companies fault (duty of care).
What are punitive damages?
(Exemplary Damages)A method used to show that the defendant was wrong and to ensure it never happens again.
6 main intentional torts against people
1. Assault 2. Battery 3. False imprisonment 4. Invasion of privacy 5. defamation 6. Intentional infliction of emotional distress.
4 main intentional torts against property
1. Conversion 2. Nuisance 3. Disparagement 4. Trespass
What are some major defenses to negligence?
1. Don't owe a duty of care 2. Assumption of risk 3. Comparative Negligence 4. Not injured the way you claimed
What are the elements of negligence?
1. Duty of care 2. Breach of Duty 3. Legal/Proximate cause 4. Injury
What is a tort?
A private wrong against committed against a single person (intentional, accidental, and strict liability).
What is an intentional tort?
A tort that is committed on purpose (actions that could hurt, embarrass, etc. someone).
Libel
A written, recorded, printed or documented words against a person to injure their reputation.
Is assault a crime or a tort?
Assault is considered both.
What is the difference between criminal law and tort law?
Can't skip steps in a criminal case. In a tort case restitution is given to the injured party.
What is disparagement?
Creating lies about a product.
What are the differences between crime and tort?
Crime- a wrong done against a society Tort- a wrong done against a single person
What is duty of care?
Duty of care is a producer's responsibility to provide a consumer with a product that won't hurt if used for its intended purpose.
What is false imprisonment?
Holding someone against their will; interfering with people's rights to move freely.
What is private nuisance?
Interfere with one persons right to enjoy property.
What is nuisance?
Interfering with a person's right to the enjoyment of property.
What is invasion of privacy?
Interfering with a persons rights to be alone.
What is public nuisance?
Interfering with multiple people's enjoyment of property.
What is trespass?
Interfering with or invading someone's real property.
Damages are awarded for what?
Lost wages, pain and suffering, medical bills, and damage to property.
Strict liability
No matter what precautions are taken, something is extremely dangerous and injury will always follow.
What are the three elements of a tort?
Possession of rights, violation of rights, and injury.
What is intentional infliction of emotional distress?
Purposefully causing someone emotional harm (Know it was done intentionally, conduct has to be extreme, did the conduct cause emotional distress to the plaintiff?)
Slander
Spoken words against a person; used to injure a persons reputation.
What is conversion?
Take someone's property and making it your own.
What else is the tortfeasor called?
The are called the defendant in a lawsuit.
What is a tortfeasor?
The person who committed the tort.
What is the person injured called?
They are called the victim, innocent party, or plaintiff.
What is defamation?
Trying to ruin a persons reputation through slander or libel.
What is negligence?
When someone's careless act leads to the injury of an individual.
Is assault and battery two different things?
Yes they are. Assault is a threat, battery is the actual action.
Can you sue someone for telling lies about you?
Yes you can (called defamation). -refer to libel and slander.
Can you sue someone for borrowing something and not returning it?
Yes you can, and it's called conversion.
Is it possible for a crime to also be a tort?
Yes, an example would be battery (can be a crime and a tort).
Can you be sued if you hurt someone accidentally?
Yes, it is called negligence, or an accidental tort.