Tort Law

What are the 2 elements of causation? Define both.

1) Actual cause- the determination that the defendant's breach of duty resulted directly in the plaintiff's injury. 2) Proximate cause- the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his or her actions. In the majority of the sates, proximate cause requires the plaintiff and the plaintiff's damages to have been foreseeable at the time of the accident. In the minority states, proximate cause exists if the defendant's actions led to the plaintiff's harm.

What are the 3 types of damages available in tort cases?

1) Compensatory 2)Nominal 3)Punitive

What are the 2 forms of comparative negligence?

1) Pure Comparative Negligence and 2) Modified Comparative Negligence

What are the 3 categories of intentional torts?

1) Torts against persons, 2) Torts against property, and 3) Torts against economic interests.

What are the 2 defenses for defamation?

1) truth and 2) privilege

Disparagement

A business tort that occurs when a statement is intentionally used to defame a business product or service .

Define intentional tort

A civil wrong resulting from an intentional act committed on the person, property, or economic interest of another. This can include assault, battery, conversion, false imprisonment, intentional infliction of emotional distress, trespass to land, and to trespass to chattels.

Modified Comparative Negligence

A defense accepted in some states where defendant is not liable for the percentage of the harm that she or he can prove is due to the plaintiff's negligence if the negligence is responsible for less than 50 percent of the harm. If the defendant establishes that the plaintiff's negligence caused more than 50 percent of the harm, then the defendant has no liability.

Pure Comparative Negligence

A defense accepted in some states whereby the defendant is not liable for the percentage of the harm that he or she can prove due to the plaintiff's own negligence.

Contributory Negligence

A defense to negligence whereby the defendant can escape liability by proving that the plaintiff failed to act in a way that would protect him or her from an unreasonable risk of harm and the plaintiff's negligent behavior contribute in some way to the plaintiff's accident.

Negligence per se

A doctrine that allows a judge or jury to infer duty and breach of duty from the fact that a defendant violated a criminal statute that was designed to prevent the type of harm that the plaintiff incurred.

Res Ipsa Loquitor

A doctrine that allows the judge or jury to infer that, more than likely not, the defendant's negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care.

Defamation

A false statement or an action that harms the reputation or character of an individual, business, product, group , government, or nation.

Private nuisance

A nuisance that affects only a singe person or a very limited number of individuals.

Tortfeasor

A person who commits an intentional or through negligence tort that causes harm or loss for which a civil remedy may be sought

Define Public figure privilege

A special right, immunity, or permission given to people that allows them to make any statements about public figures, typically politicians and entertainers, without being held liable for defamation for any false statement made without malice.

Absolute privilege

A special right, immunity, permission, or benefit given to certain individuals that allows them to make any statements about someone without being held liable or defamation for any false statement made, regardless of intent or knowledge of the falsity of the claim.

Conditional privilege

A special right, immunity, permission, or benefit, given to certain individuals that allows them to make any statements, about someone without being held liable for defamation for any false statement made without actual malice.

Tort

A violation of another person's rights or a civil wrongdoing that does not arise from out of a contract or statute.

Punitive Damages

Are awarded to punish the defendant; the purpose of punitive damages are both the punish the defendant and to deter him and others who are similarly situated from engaging in that kind of activity again.

What is the difference between battery and assault?

Battery: A civil wrong that occurs when one person intentionally and voluntarily brings about a non-consisted harmful or offensive contact with a person or something closely associated with him or her. Battery requires an actual contact. Assault: A civil wrong that occurs when one person intentionally and voluntarily places another in fear or apprehension of an immediate, offensive physical harm. Assault does not require contact.

Define negligence

Behavior that created an unreasonable risk of harm to others.

Compensatory Damages

Damages designate to compensate the victim for all the harm caused by the person committed the tort often referred to as the "tortfeasor"

Actual malice

In defamation, either a person's knowledge that his or her statement or published material is false or the person's reckless disregard for whether it is false.

Strict liability

Liability in which the responsibility for damages is imposed regardless of the existence of negligence. Also known as liability without fault.

Nominal Damages

Monetary damages to a plaintiff in a very small amount, typically the plaintiff has been wronged by the defendant even though the plaintiff suffered no compensable harm.

Conversion

Permanent interference with another's use and enjoyment of his or her personal property.

Trespass to personal property

Temporary interference with another's use or enjoyment of his or her personal property.

unfair competition

The act of competing with another not to make a profit but for the sole purpose of driving that other out of business.

Intentional interference with contract

The tort that occurs when someone intentionally takes an action that will cause an a person to breach a contract that she or he has with another.

How are torts classified?

Torts are classified as intentional, negligent, or strict liability torts.

What are the 4 most common types of Intentional torts against property?

Trespass to reality Private nuisance Trespass to personal property Conversion

Assumption of the risk

a defense whereby the defendant must prove that the plaintiff voluntarily assumed the risk that the defendant caused.

What are the 4 categories for Intentional torts against economic interests?

disparagement intentional interference with contact unfair completion fraudulent misrepresentation

What are the four elements of negligence?

duty breach of duty causation damages

fraudulent misrepresentation

the tort that occurs when a misrepresentation is made with the intent to facilitate personal gain and with the knowledge that it is false.

Trespass to reality

tort that occurs when someone goes on another's property without perm without permission or places something on another's property without permission.