Chapter 6 Flashcards
tort
civil wrong that is not a breach of
contract
Tortfeasor
the person who commits the tort
Torts have four types of wrongfulness
Intentional, reckless, Negligent, Strict Liability
Punitive damages
Damages designed to punish and make an example of the defendant.
Assault
Intentional attempt or threat to cause a harmful or offensive contact with another person
Contributory negligence
the plaintiff’s failure to exercise reasonable care for his/her own safety
If someone is even 15% negligent in contributory damages
they will receive 0 dollars
Comparative negligence
Explain how the blame and costs for an accident will be divided between the people involved when someone gets hurt or something is damaged.
Contract
a legally enforceable promise or set of promises
Express contract
agreement of parties manifested by words written or oral
Implied contract
Agreement does not show by words, but by acts and conduct of parties
Valid contract
binding and enforceable agreement
Voidable contract
agreement otherwise binding, but due to circumstances surrounding execution or lack of capacity, may be reject at option of one party
Void contract
agreement that is not legally enforceable
Most courts allow recovery for emotional
distress
even if no other tort is proven