Chapter 7 Flashcards
What does tort mean?
A breach of legal duty.
When is tort law applied?
In private matters.
Who can tort be pursued against?
Individuals, corporations, and arms of government.
What is the objective of tort?
To compensate victims of intentional or negligent acts.
Who does criminal law protect?
The general community.
What is negligence?
Failure to provide reasonable care.
What is Intentional Tort?
Tort that occurs due to intentional wrongdoing.
What is tort liability based on?
Balance of probabilities test.
What is the purpose of damages in tort law?
To return a wronged party to position before wrongdoing.
What are the two types of damages in tort cases?
Compensatory and non-compensatory damages.
How are damages obtained?
Prove injuries were caused by defendant.
What are the two compensatory damages?
General damages (pain and suffering) and special damages (financial loss)
What are the three types of non-compensatory damages?
Punitive Damages: Punish the wrongdoer
Aggravated Damages: Compensate the plaintiff
Nominal Damages: Small award
What are the four essential elements of a negligence claim?
Duty of Care: Defendant has responsibility to act carefully
Breach of Duty: Defendant must fail to behave carefully
Causation: Negligence must lead to loss or injury to the plaintiff.
Damages: Plaintiff must have suffered damages.
What is an intentional tort?
WhtWhen someone acts on purpose to cause injury.
