Chapter 6 Flashcards
Tort
civil wrong not arising from a breach of contract. a breach of legal duty that proximately causes harm or injury to another.
Tort Law is designed…
designed to compensate those who have suffered a loss or injury due to another person’s wrongful act.
Purpose of Tort Law
To prove remedies for the violation of various protected interests. Remedies for acts that cause physical injury or that interfere with physical security and freedom of movement.
Damages Available in Tort Actions
- Compensatory Damages
- Special Damages
- General Damages
- Punitive Damages
Legislative Caps on Damages
some state law limits on amount of damages (punitive and general)
Compensatory Damages
compensate/reimburse the plaintiff for actual losses.
Special Damages
compensate the plaintiff for quantifiable monetary losses such as medical expenses and lost wages and benefits (now and future).
General Damages
compensate individuals (not companies) for nonmonetary aspects of the harm suffered, such as pain and suffering
Punitive Damages
punish the wrongdoers and deter others from similiar actions. RARE. Approriate when actions are ergious (outrageous) or reprehensible (shameful)
- Intentional tort action
- Gross negligence
Classification of Torts
(depends largely on how the tort occurs and surrounding circumstances)
Intentional torts- wrongful actions knowingly committed
Unintentional torts- torts involving negligence
Tortfeasor
one who commits a tort
Transferred Intent
legal principle under which a person who intends to harm one individual, but unintentionally harms a different person, can be liable to that second person.
Torts Against Persons
- Assault
- Battery
- False Imprisonment
- Intentional Infliction of Emotional Distress
- Defamation
- Invasion of Privacy Rights
- Fraudulent Misrepresentation
Libel
writing or other permanent form (digital recording)
Slander
defamation orally
Establishment of Defamation
Defendant made a false statement of fact
Statement was understood about plaintiff and tended to harm the plaintiff’s reputation
Statement was published to at least one person other than the plaintiff
If plaintiff is a public figure, they must also prove actual malice
Slander Per Se
actionable with no proof of special damages required
- Stmt that one has loathsome disease (STI)
- Stmt that other has committed improprieties while engaging in profession or trade
- Stmt that one has committed/imprisoned for serious crime
- Stmt that one is unchaste, engaged in serious sexual misconduct (usually women)
Privileged Communications
Absolute- judicial proceedings and certain government proceedings (attorneys/judges)
Qualified (conditioned) employer’s statements in written evaluations of its employees
Fraudulent Misrepresentation
involves intentional deceit for personal gain
Puffery
sellers’ talk aka fraud occurrence
Abusive/Frivolous Litigation
Wrongful use of subpoenas, court orders to attach/seize real property, etc
Business Torts
involve wrongful interference with another’s business rights
Intentional Torts Against Property
- Trespass to land
- Trespass to personal property
- Conversion
- Disparagement of property
Negligence
occurs when someone suffers injury because of another’s failure to live up to a required duty of care
Requirements for Proving Negligence
- Duty
- Breach
- Causation
- Damages
Duty To Care
The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the “reasonable person standard,” constitutes the tort of negligence.
Reasonable Person Standard
the standard of behavior expected of a hypothetical “reasonable person.” The standard against which negligence is measured and that must be observed to avoid liability for negligence.
Malpractice
essentially professional negligence
Causation in Fact
An act or omission without (“but for”) which an event would not have occurred.
Proximate Cause
Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability
Good Samaritan Statute
state statute that provides that persons who rescue or provide emergency services to others in peril—unless they do so recklessly, thus causing further harm—cannot be sued for negligence
Dram Shop Acts
A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication
Defenses to Negligence
- Assumption of Risk
- Superseding Cause
- Contributory Negligence
- Comparative Negligence
Superseding Cause
An intervening force or event that breaks the connection between a wrongful act and an injury to another; in negligence law, a defense to liability.
Contributory Negligence
A theory in tort law under which a complaining party’s own negligence contributed to or caused his or her injuries. Contributory negligence is an absolute bar to recovery in a minority of jurisdictions.
Comparative Negligence
A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party) on the basis of each person’s proportionate negligence.
Actionable
capable of serving as the basis of a lawsuit
