Part 1 Flashcards
1
Q
What is Torts?
A
A civil wrong, other than a breach of Contract, for which a remedy may be obtained usually in the form of damages
2
Q
What are the 3 categories of Torts?
A
- Intentional Injury
- Failure to Exercise Care
- Strict Liability
3
Q
What are Remedies?
A
Damages, injunctions, restitution, self-help
4
Q
What are Realities?
A
Settlements, cross-claims, contingent fees
5
Q
What are the 12 competing policies regarding Torts?
A
- Base Liability on Fault
- Limit Liability in proportion to fault
- Deter Accidents
- Spread losses broadly
- Shift losses to deep pockets
- Reconcile burdens with benefits
- Foster Predictability
- Facilitate Progress and Economic growth
- Promote administrative convenience and efficiency
- Discourage the waste of resources
- Accord due deference to co-equal branches
- Fully compensate victims!
