Chapter 5 - Torts - Terminology Flashcards
the attempt or threat to inflict bodily injury upon another person
assault
a person’s voluntary exposure to known or obvious risks
assumption of risk
a condition or machine on premises that poses a danger or special peril to children because of its attractiveness to them
attractive nuisance
force of law backed by the coercive power of the state
authority of law
the unlawful use of force against another person that entails some injury or offensive touching
battery
failure to act or refrain from acting as required by law
breach of duty
a test to determine causation in negligence actions. Asks, “Would an injury have occurred if not for the defendant’s actions?”
“but for” test
“Let the buyer beware.” Common law maxim requiring the consumer to judge the quality of a product before making a purchase
caveat emptor
doctrine of law that relieves a charitable organization from liability for its acts. (declining importance in the US)
charitable immunity
a rule that allows a jury, when considering an award of damages to an injured plaintiff, to consider the sums the plaintiff will receive from sources other than the defendant. (workers comp, other insurance)
collateral source rule
doctrine of tort law that allows a plaintiff to recover damages from a defendant in a negligence action even though the plaintiff is negligent to some degree but that reduces the plaintiff’s award based on the amount of the plaintiff’s negligence
comparative negligence
amount awarded a plaintiff to compensate for injury or losses suffered
compensatory damages
voluntary yielding to the will or desire of another person
consent
the right of companionship and services that each spouse has in relation to the other spouse
consortium
knowledge of facts imputed to someone who by proper diligence should have become aware of the facts
constructive notice
a fee to be paid to an atty only in the even the atty prevails in court on behalf of the client
contingent fee
a common law rule that provides that where a plaintiff’s own negligence contributed to an injury, the plaintiff is barred from recovering damages against a defendant
contributory negligence
the unlawful assumption of the rights of ownership to someone else’s property
conversion
an instrument that has inherently dangerous characteristics
dangerous instrumentality
the degree of force that may result in the death of the person against whom the force is applied
deadly force
a tort involving the injury to one’s reputation by the malicious or reckless dissemination of a falsehood
defamation
aiding or assisting a person being attacked
defense of a third person
actions taken that are not prescribed by law
discretionary activities
statutes prohibiting sales of alcoholic beverages to minors or intoxicated persons
dram shop acts
an obligation that a person has by law or contract
duty
the crime of holding someone against their will without legal justification
false imprisonment
English common law doctrine applied in many states. Treats a police officer or firefighter as a licensee, thereby limiting a landowner’s liability to such persons who enter premises as part of their duties
firefighter’s rule
an event that a reasonable person would ordinarily anticipate from one’s act or failure to act
foreseeable
intentional deception or distortion in order to gain something of value
fraud
carelessness of an outrageous character
gross negligence
an agreement or acquiescence manifested by a person’s actions or inaction
implied consent
a party to a contract who agrees to perform specified work under his or her own methods and supervision
independent contractor
a doctrine of consent applicable in professional malpractice cases, especially those involving surgery. (eg, explaining risks before surgery)
informed consent
acts committed purposely
intentional acts
outrageous conduct that causes a person mental and emotional suffering. Recognized as a tort in many jurisdictions.
intentional infliction of emotional distress
an act committed under color of state authority that deprives a person of a federal constitutional right
intentional tort committed under color or authority of law
a common law doctrine that prevented spouses from suing one another for commission of a tort
interspousal immunity
an act (either human or natural) that occurs after an original tortious act. Can excuse the original tortfeasor from liability unless the tortfeasor should have anticipated the occurrence of the intervening act.
intervening act
a tort involving the unreasonable or unwarranted intrusion on the privacy of an individual
invasion of privacy
one who is expressly or impliedly invited. Generally refers to entry on another’s land or into another’s premises.
invitee
liability that usually applies where two or more wrongdoers cause an injury or where two or more makers sign a promissory note. A judgment obtained against parties can be enforced against any one of the parties.
joint and several liability
the tort of defamation through published materials
libel
a person privately granted right to use property, such as a house guest
licensee
an untrue statement of fact made to deceive or mislead
misrepresentation
a condition that compels or requires a certain course of action
necessity
the failure to exercise ordinary care or caution
negligence
an act or omission in violation of a duty imposed by statute or ordinance for the protection of persons or property
negligence per se
acts or omissions committed by a person who fails to act as a reasonably prudent individual would act under the circumstances
negligent acts or omissions
a tort consisting of employing a person whom the employer knew or should have known would pose a threat to the security of others
negligent hiring
a tort in some states where a person in a zone of physical risk suffers demonstrable physical consequences from fright or shock as a result of outrageous acts against another person
negligent infliction of emotional distress
statutes in some states that require automobile owners to carry insurance that reimburses the insured irrespective of who is at fault in a vehicular accident.
no-fault automobile laws
an unlawful or unreasonable use of a person’s property that results in an injury to another or to the public
nuisance
Parental immunity doctrine refers to a principle that children cannot sue their parents for tort claims arising from parental authority
parental immunity
a tort based on a physicians’ failure to advise a prospective mother of the likelihood of conceiving a defective child
preconception tort
a right of a person in certain situations to make defamatory statements–such as during judicial proceedings
privilege
the legal responsibility of a manufacturer, seller, or distributor of products that cause injuries to consumers
products liability
non-governmental activities of municipal government that may subject a municipality to tort liability
proprietary or operational activities
the cause that is nearest a given effect in a causal relationship
proximate cause
persons who are in the public eye
public figures
persons who hold public office by virtue of election or appointment
public officials
a sum of money awarded t to the plaintiff in a civil case as a means of punishing the defendants for wrongful conduct
punitive damages
he maximum degree of force that is necessary to accomplish a lawful purpose
reasonable force
the hypothetical person referred to by courts as the objective standard for judging a person’s actions
reasonable person
“The thing speaks for itself.” In tort law, where an injury occurs to a plaintiff who is without fault, by an instrumentality of even in control of the defendant where the injury would not occur in the absence of the defendant’s negligence. For example, where a plaintiff is injured when struck by rocks falling from a vehicle.
res ipsa loquitur
the protection of one’s person against an attack
self-defense
the tort of defaming someone’s character through verbal statements
slander
one who furnishes alcoholic beverages to guests
social host
a common law doctrine under which the sovereign may be sued only with its consent
sovereign immunity
a statutory law setting time limits for filing court actions involving contract and tort claims
statute of limitations
doctrine of law whereby liability is imposed upon a party irrespective of that party’s fault
strict liability
statutes that provide that tort actions survive the plaintiff and defendant
survival statutes
a wrong or injury other than a breach of contract for which the remedy is a civil suit for damages
tort
one who commits a tort
tortfeasor
acts involving human or property exposure through absorption, contact, ingestion, inhalation, implantation or injection of toxins
toxic torts
an unlawful entry onto another person’s real property
trespass to land
one who unlawfully interferes with another person’s property
trespasser
liability of one person in place of another
vicarious liability
statutes that require payments of monetary benefits to workers injured within the scope of their employment and to dependents of workers killed within the scope of their employment
worker’s compensation acts
a tort action by parents for the birth of an impaired or deformed child because a physician’s negligent treatment or advice deprived them of the opportunity to terminate the wife’s pregnancy
wrongful birth
statutory laws that allow a tort action against a person responsible for the wrongful death of an individual.
wrongful death acts
a tort action brought on behalf o a child born with birth defects whose birth would not have occurred but for negligent medical advice or treatment
wrongful life
