Chapter 6 - Tort Law Flashcards
Tort
A civil wrong; a breach of a legal duty that proximately causes harm or injury to another.
Types of Intentional Torts
False Imprisonment, Defamation, Invasion of Privacy, Fraud, and Wrongful Interference
Types of Torts
Intentional, Unintentional, and Strict Liability.
False Imprisonment
The intentional confinement or restraint of another person’s activities without justification.
Defamation
Any published or publicly spoken false statement that causes injury to another’s reputation.
Requirements for Defamation
- False statement of fact
- Statement harms plaintiff’s reputation,
- Statement was published
- optional: intentional malice.
Defenses to Defamation
Truth, Opinion, Privilege (Absolute or Qualified).
Invasion of Privacy
A group of torts including Intrusion Upon Seclusion, False Light, Public Disclosure of Private Facts, and Appropriation of Name or Likeness.
Fraud (Deceit)
Misrepresentation of material fact made with intent to deceive, relied upon by the victim, causing damage.
Elements of Fraud
False statement of material fact, intent to induce reliance, justifiable reliance, damages.
Negligence
Failure to exercise reasonable care, leading to harm.
Elements of Negligence
Duty, Breach, Causation, Damages.
Damages in Negligence
Compensatory (Special & General) and Punitive damages.
Foreseeability
Liability exists if the defendant’s actions created a foreseeable risk of injury.
Defenses to Negligence
Comparative Negligence, Contributory Negligence, Assumption of Risk, Superseeding Clause.
Strict Liability
Liability regardless of fault.
Tortfeasor
One who commits a tort.
Transferred Intent
Meant to hurt one person but unintentionally hurt someone else.
