PowerPoint 3 Part 1 Flashcards
Tort
A failure to fulfill a private obligation imposed by law.
Tortfeasor
A person who commits a tort.
Can the same incident lead to two different trials?
Yes, in civil and criminal courts.
What does tort law include?
Every sort of private law wrong outside of breach of contract.
What is the difference between a tort and a contract?
- A tort is imposed on everyone.
- Contracts are opted into. Only if you agree to it.
Tort law discourages people from…
Committing private wrongs by requiring them to compensate victims.
Vicarious Liability
Being held liable for torts committed by another.
Vicarious liability is a common ___ ___.
Business risk.
Is it common that you are not found guilty in civil court, but found guilty in criminal court?
No, it is the other way around. The burden of proof is higher in criminal court.
Vicarious liability only for employee torts committed…
In the course of employment.
Why are employers held vicariously responsible for actions of their employees?
Because businesses are required to bear costs of operation. Employees cannot afford to bear those costs.
Are businesses liable for torts committed by independent contractors?
No.
When are employers liable for their employees?
Then the employer instructs the employee to do something.
Can a victim only sue the employer?
No, the victim can sue both the employer and the employee.
The employer may be directly liable if they…
Carelessly trained employees. This is not based on vicarious liability.
Backwards Looking Damages
Asking for damages to put you in the position you were in right before you got victimized.
Forward Looking Damages
Suing for damages that have not yet happened.
Match the following: Tort Law, Contract Law, Forward Looking Damages, Backwards Looking Damages.
Tort law is backwards looking damages, contract law is forward looking damages.
Primary duty of torts:
Do not harm another.
Primary duty of contracts:
Fulfil your promises.
Intentional Torts
Occurs when a person intentionally acts in certain ways.
What are examples of intentional torts?
- Interference with the person.
- Trespass to land.
- Interference with chattels.
Interference with the Person:
- Assault and battery.
- Invasion of privacy.
- False imprisonment.
Interference with Chattels:
- Trespass.
- Conversion.
- Detinue.
Do you need to intend to cause harm or death with interference with the person?
No.
Assault
To intentionally create the perception of imminent and offensive bodily contact.
Elements of assault:
- Reasonable belief of bodily contact.
- Reasonable belief of imminent bodily contact.
- Reasonable belief of offensive bodily contact.
Can someone who is not aware of an action charge the other person with assault?
No, they cannot have a reasonable belief, as they are not aware of it.
If someone points a gun at you, and you know that gun is not loaded, then can you charge them with assault?
No, you cannot have a reasonable belief of imminent and offensive bodily contact.
Reasonable
What a normal person would think.
Belief
You think it is going to happen.
Imminent
Flinch-worthy, happening right away.
Assault vs. Battery:
Assault can be just intending to do it (mens rea), while battery is actually following through (actus reus).
Battery
To intentionally create offensive bodily contact.
Assault and battery are frequently committed ___.
Together.
Threat of contact without actual contact.
Assault only.
Actual contact without warning.
Battery only.
If harm caused was not with malice, can you charge them with battery?
No, it would be negligence.
Good Samaritan Act
When a stranger comes across you in need and tries to resuscitate you, they are immune to a civil lawsuit.
___ is increasingly under the threat of invasion.
Privacy.
No independent tort of invasion of privacy officially recognized until ___.
2012.
Informed Consent vs. Consent:
Consent is just agreeing to something without knowing conditions, but in informed consent, needs to explain what the circumstances are, and how the material will be used.