ch. 4: torts Flashcards
What is a tort?
A tort is a civil wrong (not necessarily a crime) where an intentional or careless act causes harm to another.
How do torts differ from crimes?
Torts are civil wrongs affecting individuals.
Crimes are public wrongs affecting society as a whole.
What are the two main categories of torts?
- Intentional Torts: Deliberate acts that cause injury or loss. ex; defamation
- Unintentional Torts: Careless or negligent acts that cause harm. (ex: hurting somsone in wreckless driving)
What is vicarious liability?
When one party (e.g., an employer) is held liable for the wrongful actions of another (e.g., an employee).
What are common intentional torts?
- Assault: Fear of imminent harm.
- Battery: Unwanted physical contact.
- Trespass to Land: Unauthorized entry onto property.
- False Imprisonment: Unlawful restraint of a person.
- Defamation: False statement harming someone’s reputation.
What are the defenses to assault and battery?
- Consent (e.g., sports participation).
- Self-defense (reasonable force used).
What are the 3 types of damages awarded in tort cases?
- Special damages: Quantifiable losses (e.g., medical bills).
- General damages: Non-monetary losses (e.g., pain and suffering).
- Punitive damages: Awarded to punish the wrongdoer.
What is defamation, and what are its two types?
- Libel: Written defamation.
- Slander: Spoken defamation.
What are the defenses to defamation?
- Truth: The statement is true.
- Absolute privilege: Statements made in legal proceedings.
- Qualified privilege: Statements made in good faith.
- Fair comment: Honest opinions on matters of public interest.
What is passing off?
A form of misrepresentation where a business falsely presents its goods/services as those of another.
What is the primary remedy for torts?
Monetary compensation (damages) to restore the victim to their original position.
What is assault in tort law?
The fear of imminent harm, even if no physical contact occurs.
What is battery in tort law?
Unwanted physical contact, even if no injury occurs.
What is trespass to land?
Entering someone’s land without permission.
What are defenses to trespass to land?
- Legal authority (e.g., police with a warrant).
- Consent from the owner.
What are defenses to trespass to land?
- Legal authority (e.g., police with a warrant).
- Consent from the owner.
What is false imprisonment?
Unlawful and total restraint of a person without legal justification.
What is the citizen’s arrest defense for false imprisonment?
A person may detain someone if they have reasonable grounds to believe a crime was committed.
What is malicious prosecution?
A person is wrongfully prosecuted without reasonable cause and with malice.
What is defamation?
A false statement that harms someone’s reputation.
What is injurious falsehood (trade defamation)?
False statements about a product or business that cause financial loss.
What is the difference between public and private nuisance?
Public nuisance: Affects the general public (e.g., pollution).
Private nuisance: Interferes with a specific individual’s property.
What is the tort of inducing breach of contract?
When a third party persuades someone to break a contract.
What is the tort of interference with economic relations?
A wrongful act that disrupts someone’s business.
What is intimidation in tort law?
Threatening someone to make them act against their interests.
What is fraudulent misrepresentation (deceit)?
Knowingly making false statements to mislead another person.
What is passing off?
A business falsely presents its goods/services as those of another.
What is misuse of confidential information?
using private business information without permission.
What is invasion of privacy in tort law?
Intruding into someone’s private life without consent.
How does tort law apply to online behavior?
Online defamation is actionable.
Internet service providers (ISPs) may be held liable for harmful content.
What is the tort of spoliation?
Destroying or tampering with evidence in a legal case.
Why do courts award punitive damages?
To punish extreme wrongdoing and deter future misconduct.
Why does tort law evolve over time?
It adapts to new societal issues, such as online defamation and privacy concerns.
