Tort Law Definitions

rebuttable presumption

"praesumptio iuris tantum" - an assumption made by a court, taken to be true, unless someone proves otherwise

res ipsa loquiter

"the thing speaks for itself" a principle that allows plaintiffs to meet their burden of proof with what is in effect circumstantial evidence

damages

a remedy in the form of monetary compensation to the harmed party

comparative negligence

a tort rule for allocating damages when both parties are at least somewhat at fault--the usually might allocate fault as a percentage and the plaintiff & defendant would pay their share of the other's damage

intentional tort

a type of tort that can only result from an intentional act of the defendant (as opposed to a negligent one)

Tort Law

an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability--can be redressed by awarding damages

battery

intentional causation of harmful or offensive contact with another's person without that person's consent

injury

invasion of any legal right

enjoin

prohibit someone from performing (a particular action) by pursuing an injunction

products liability

American law holds the manufacturers of consumer products strictly liable for injuries caused by manufacturing deficits

negligence

a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances

contributory negligence

a plaintiff was totally barred from recovery if they were in any way negligent in causing the accident, even if the negligence of the defendant was much more serious (see Case of Thorns in notes)

punitive damages

are awarded in addition to actual damages in certain circumstances. Considered punishment and are awarded when the defendant's behavior is found to be especially harmful but are not normally awarded in the context of a breach of contract claim

fault

civil law - negligence, want of care, an improper act or omission, injurious to another, and transpiring through negligence, rashness, or ignorance

harm

loss or detriment in fact that an individual suffers

strict liability

rule providing that if you cause an injury by a deliberate act, even if you did not mean to cause injury and were careful--you are liable to compensate the injured party