Tort and Contract LAw Flashcards
Tort Law Textbook definition
To compensate a party that has suffered damages as a result of intention or unintentional wrongdoing.
3 key Tort principles
Defendant owed plaintiff the duty of care
Defendant breached duty by their conduct
Defendant’s conduct caused injury to plaintiff
Strict Liability
when a defendant is liable for commiting an action regardless of mental state, or intent.
Vicarious Liability
When a supervisory party is liable for the negligent actions of a
third party for whom they are responsible
Tort law case format
Introduction: what does tort law address, need for contractual relationships?
Analysis: Who’s involved? Were the key principles met?
Liability:
Decision.
Contractual relationship
contractual relationship is a legal bond between at least two people who agree to at least one term or promise.
Concurrent Tortfeasors
A single injury caused by several people acting without common design, and are not joint.
Negligent
Failing to take proper care
Duty of Care
Legal obligation to provide reasonable amount of care
Standard of Care
the level of care, caution, and
judgment that a reasonable person would exercise in a
particular circumstance
Types of Tort law
Intentional torts: torts against body or property
Nuisance torts: protect against harms to property
Economic torts: fraud, conspiracy, restraint of trade
Negligence
Negligence torts
Negligence torts: harms done to people through the failure of another to exercise a certain level of care
Concept of contract and 5 elements
Legally enforceable agreement between two parties
Offer made and accepted
Mutual intent to enter into contract
Consideration - eg.money
Capacity to contract
Lawful purpose
Letter of intent
Express interest to proceed
if clearly an agreement to agree, it does not constitute a contract.
Tort Law Case study dissection tools
Does defendant/plaintiff or case contain 3 key principles?
What type of tort is it?
Is there duty of care or standard of care to consider?
Is there negligence?
