Chapter Six Flashcards
Tort Law
Wrongs and compensation
designed to compensate (REMEDY) those who suffered a loss
Damages
monetary compensation for such. harm or injury
special- compensate for quantifiable monetary loss
general- compensate for nonmonetary aspects of harm suffered
punitive- punch wrongdoer and deter others
Legislative cap on damages
250k-750k
classification or torts
intentional
unintentional
Tortfeasor
committed the tort (wrongdoing)
Types of Torts
Assault
Battery
False Imprisonment
Intentional infliction of emotional distress
Actionable
Defamation
Libel
Slander
Assault
any intentional or unexcused threat - doesn’t require fiscal contact
Battery
unexcused harmful physical contact
False imprisonment
intentional confinement or restriction of personal activities without justification
Intentional infliction or emotional distress
intentional acts amounting to extreme emotional distress
Actionable
act is extreme and outrageous it exceeds the point of decency
Defamation
wrongfully hitting a person’s good reputation
Libel
written defamation
Slander
Oral defamation
Needed to prove Defamation
- false statement made by the defendant
- The statement was understood as being about the plaintiff
- statement published to at least one other person
- The plaintiff is a public figure
Slander Per Se
no proof
ex. statement made about sexually transmitted diseases
Defenses to tresspassing
licensee
Negligence
failure to exercise the standard of care
to prove:
defendant owes a duty of care
breach of duty
recognizable injury incurred
cause - cause in fact or proximate cause
Proximate cause
the connection between the act and injury strong enough to impose liability
cause in fact
“but for” event would not have happened
Defenses of negligence
- assumption of risk
- superseding cause
- contributory and comparative negligence
