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Business Law 101 > Chapter 3- Introduction To Torts > Flashcards

Chapter 3- Introduction To Torts Flashcards

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1
Q

What is a tort?

A

A failure to fulfill a private obligation that was imposed by law

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2
Q

Origin of the word Tort?

A

French word Tort meaning “wrong”, which came from the Latin word “tortus” meaning “twisted or crooked”

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3
Q

What are the two main sources of obligations in private law?

A

Contract and Tort

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4
Q

What is an obligation?

A

An obligation in tort law is owed to a person (including a corporation)

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5
Q

What is a tortfeasor?

A

A person who commits a tort

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6
Q

How are tort obligations different from contractual obligations?

A

Both contain private obligations but contractual obligations are created by the parties rather than
“imposed by law”

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7
Q

How is a tort different from a crime?

A

Tort occurs when a person breaks a private obligation, a crime occurs when a person commits a public obligation

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8
Q

Standard of proof in tort

A

Must prove tort claim on a balance of probabilities

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9
Q

Is tort law private or public?

A

Private law

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10
Q

Is criminal law private or public?

A

Public law

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11
Q

In tort law, which parties are involved in the obligation?

A

The defendant owes an obligation to the plaintiff

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12
Q

In tort law, who are the parties to the action if that obligation is broken?

A

the plaintiff sues the defendant

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13
Q

In criminal law, who are the parties to the action if that obligation is broken?

A

the government prosecutes the accused

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14
Q

In tort law, what is the usual remedy?

A

Compensatory damages

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15
Q

What is a similarity between tort and contract law?

A

Structure, both involve primary and secondary obligations

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16
Q

What is a primary obligation?

A

Tell people how they should act

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17
Q

What is a secondary obligation?

A

Remedial, they determine what has to be done after a primary obligation has been breached

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18
Q

What is the differences between tort and contract law?

A

Source of primary obligations, privity, compensation, and risk management

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19
Q

Source of obligation in tort?

A

Imposed by law, they are involuntary exist even if the parties do not know each other. Aimed at preventing harm

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20
Q

Source of obligation in contract?

A

Voluntary created by the parties

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21
Q

What is privity in relation to tort law?

A

Enforceable regardless of any agreement between the parties

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22
Q

What is privity in relation to contract law?

A

Only those people who created the contract can sue, or be sued, on it. Create rights and obligations only for them

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23
Q

What is compensation in relation to tort law?

A

Compensatory damages are backward looking, put the plaintiff as if the tort had not occurred

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24
Q

What is compensation in relation to contract law?

A

Compensatory damages are foward-looking, give the plaintiff the expected benefit of the agreement

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25
Q

What is risk management in relation to tort law?

A

May take a person by surprise, may require more than a person is able to give

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26
Q

What is risk management in relation to contract law?

A

Always possible to know the obligations in advance.

Always possible to limit the obligations to promises that can be fulfilled. No surprise factor

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27
Q

What is the only sort of private law wrong not covered by tort law?

A

Breach of contract

28
Q

What is specific performance (contract law)?

A

Requires the defendant to actually fulfill a promise, in exceptional circumstances only

29
Q

The tort of negligence requires people to act with “reasonable care” what does this entail?

A

Even if a particular person suffers from a mental incapacity and therefore cannot possible meet the legal expectation, this still remains true?

30
Q

What is one of the most important strategies in tort law?

A

Focus on mental capability

31
Q

What are the three possibility within tort law?

A

Intentional Torts, Negligence Torts, Strict Liability Torts

32
Q

What are intentional torts?

A

Occur when people intentionally act in certain ways

33
Q

How is “intention” used in Law?

A

Some torts require proof of intent to hurt. Others just require proof that the defendant intended to act in a certain way, even if there was no intention to commit a tort or cause an injury

34
Q

What are negligence torts?

A

Occur when a person acts carelessly

35
Q

What are strict liability torts?

A

Occur when a person does something wrong without intending to do so and without acting carelessly. liability is imposed simply because the defendant was responsible for the situation that injured the plaintiff,

36
Q

Why are strict liability torts rare?

A

Occur only when the defendant is involved in some extra ordinarily dangerous activity

37
Q

What are the general principles of Tort Law?

A

Liability Insurance, Vicarious liability, remedies

38
Q

What does liability insurance contribute to in tort law?

A

Contributes to the compensatory function of torts.

39
Q

What does liability insurance undermine in tort law?

A

Undermines tort law’s deterrence function, because people know their insurance companies will pay if something goes wrong

40
Q

What is the deterrence function of tort law?

A

Discourage people from committing torts by threatening to hold them liable for the losses they cause

41
Q

True or false: Liability insurance policies cover all torts?

A

False, often excluded coverage for injuries inflicted through “intentional or criminal acts”, will not support the defendant.

42
Q

True or false: It is possible to purchase insurance for liabilities arising outside of tort?

A

True

43
Q

What is vicarious liability?

A

Occurs when one person is held liable for a tort that was committed by another person (company and its workers)

44
Q

How does vicarious liability contribute to tort law’s compensatory function?

A

Increases the chance that the plaintiff will receive damages

45
Q

How is an employer vicariously liable ?

A

Liable for the acts that it authorized an employee to do and other closely connected acts, but must occur within the employments relationship

46
Q

True or false: vicarious liability releives an employee of responsibility?

A

False, it allows the plaintiff to sue both the employer and the employee

47
Q

True or false: if the plaintiff receives damages from the employer, the employer is entitled to receive the same amount from the employee?

A

True, in some cases but often does not occur as workplace morale would be poor if an employer sues an employee

48
Q

What is personally liable?

A

Responsible for its own tort

49
Q

What are the remedies available in tort?

A

Compensatory damages, punitive damages, nominal damages, injunctions

50
Q

What is compensatory damages?

A

The defendant must pay money to repair the plaintiffs loss

51
Q

True or false: When a plaintiff successfully sues in both tort and contract, they can receive compensatory damages for both?

A

False, they must choose one form of compensatory damages, usually whichever generates the largest remedy

52
Q

What is compensatory damages subject to?

A

Remoteness and mitigation

53
Q

What losses is the defendant responsible for?

A

Only the losses that the tort in fact caused

54
Q

What type of tort does “remoteness” not apply to?

A

Intentional torts

55
Q

When is a “loss” remote?

A

A loss is remote if it would be unfair to hold the defendant responsible for it, therefore a judge will not award damages

56
Q

What is mitigation?

A

Occurs when the plaintiff takes steps to minimize the losses that result from the defendant’s tort

57
Q

What is the general rule with mitigation?

A

Compensation is denied to the extent that the plaintiff unreasonable failed to mitigate

58
Q

What are the four rules on mitigation?

A

Reasonable steps, No Duty, Extent of Loss, Costs of Mitigation

59
Q

What does reasonable steps mean?

A

The plaintiff is responsible only for taking reasonable steps to mitigate a loss

60
Q

What does No Duty mean?

A

Although lawyers often refer to a “duty to mitigate”, the plaintiff is not required to mitigate. However, damages will be reduced if the plaintiff did unreasonably fail to mitigate

61
Q

What does Extent of Loss mean?

A

Damages are denied only to the extent that the plaintiff unreasonable failed to mitigate

62
Q

What does Costs of Mitigation mean?

A

The plaintiff can recover the costs associated with mitigation

63
Q

What happens when a defendant does something particular outrageous or reprehensible?

A

The court may impose both compensatory damages and punitive damages

64
Q

What does actionable per se mean?

A

Torts can occur as long was the defendant acted wrongful, they are therefore actionable per se, that is, in themselves,

65
Q

What is an injunction?

A

A court order that requires the defendant to do something or refrain from doing something

66
Q

Difference between assault and battery?

A

Assault is the eminent threat ex:pointing a gun

Battery is actual physical contact

Business Law 101 (6 decks)

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