Chapter 3 (4) Flashcards
What are the elements of a tort ?
Wrongful act (such as mopping a floor and placing no wet sign), causation (the wrongful act did in fact cause harm), Quantifiable harm (such as broken bones due to a fall)
What are the 3 main types of torts?
Unintentional torts (such as professional negligence), intentional torts (such as assault or defamation), and torts that can be both (such as trespassing)
What is a unlawful means tort?
Damages that are caused to a party by the action of a third party. For example, if you and another business are in negotiations that are going well, then at the last minute they cease all contact due to a third party’s slander of you, that is a economic disruption and thus a tort; an unlawful means tort.
What is the “but for” test?
The test to determine if a defendants actions caused a plaintiffs injuries. “But foe the existence of X, would Y have occurred?” Basically, if something did or didn’t happen, would this have effected the outcome?
What is foreseeability?
The expectation of whether a reasonable person could predict that a certain result may follow from their actions. If a defendant knew that harm could occur from what they did or were doing, this leaves them responsible for all damages
