General: Torts Overview Flashcards
TORTS
A tort is a type of civil legal claim that is defined as “An act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.”
Torts are generally thought of as legal claims for personal injuries
Car accidents, medical malpractice, slipping and falling, as well as injuries from another person that are done intentionally, and injuries from a product
Including unfair termination, defamation, nuisance, damage to property, and emotional harm.
Other Legal Claims NOT in TORTS
Contracts
Crimes
Basic purposes for tort law
Person injures or causes harm to another person
compensate the person who was injured
shift the cost of the harm to the person that caused the injury
try to deter the action from occurring again
Three types of torts
Intention torts - harms caused intentionally by someone
Negligence - harms caused by someone’s failure to use due care
Strict liability - imposes liability without regard to intent or due care
Every torts has required elements that must be established by the plaintiff in the lawsuit if the plaintiff is to prevail.
