Tort Ch1 Flashcards
What is a tort?
Tort is a wrongful injury to a person or his property
Tort is a civil (as opposed to a criminal wrong, other than a breach of contract
A person causing harm is called
tortfeasor
Sources of Tort Law
both common law and statutory law
how does common law develop?
from decisions following court trials
what is common law?
either all case law or the case law made by judges in the absence of statutes
Categories of Tort Law
negligence
intentional torts
strict (or absolute) liability
negligence
failure of an ordinary, reasonable, and prudent person to exercise due care in a given set of circumstances
does negligence require an intent to commit wrong?
no; the wrongful act itself is sufficient to constitute negligence
negligence requires what elements?
duty
breach
causation
damages
Intentional torts
actions expressly designed with the purpose or intent to injure another person or that person’s property
examples of intentional torts:
Product liability, liability for wild animals or vicious dog injuries and statutory violations
strict (absolute) liability
is the tortfeasor’s responsibility for injuring another regardless of intent, negligence, or fault
strict liability is distinguishable from negligence how?
the tortfeasor is responsible under absolute liability regardless of how careful the tortfeasor might have been
strict liability is different from intentional torts how?
in that intent to commit the absolute liability tort is irrelevant
most important type of strict liability?
products liability
in tort analysis, determine if the following exist:
duty
breach of duty
causation
damages
Negligence definition
Failure to exercise reasonable care to avoid injuring others or their property.
Intent not required; negligent act itself sufficient, even if tortfeasor did not intend to harm.
IRAC
Issue
Rule of law
Application to facts
Conclusion
Solving tort problems from general to specific
A. General category of tort law (intentional tort, negligence, strict liability)
B. Select specific subtopic within broad tort area (conversion, medical malpractice, products liability)
