Tort Law Flashcards
What is tort law
When someone does something wrong and it hurts someone else
(Example) if someone slips and falls in a store this is where tort law can come
Into play.
The wrongs of tort law
Shouldn’t cause physical harm
Shouldn’t steal
What are the 2 categories of torts
- Intentional which means doing wrong on purpose
- Unintentional which means being careless or negligent acts that cause injury
What do courts compensate for?
Physical economic injuries, emotional and mental injuries like for example having PTSD after an incident
What is Vicarious Liability
Holding one person or an organization responsible of another person (usually the employee) even if they didn’t do it because they are responsible for that person
(Example
A boss being responsible for his employees at work.)
What are some intentional torts
- Trespass to person ( Assault and battery)
- Trespass to land
- False imprisonment
- Nuisance
- Defamation
(Courts may award punitive damages)
What are the nature of Torts?
- A social wrong (not necessarily a crime)
- A civil wrong ( between individuals)
- An intentional or careless act harms another person
- Injured party usually sues for compensation ( money)
How Many cases are unintentional compared to intentional?
Usually 90% are unintentional
Some judicial remedies?
Special damages ( calculable)
General damages ( non- calculable
Punitive damages ( horrible intentional acts)
What is trespass to person? ( Assault and battery)
Assault- threatening to hit person
Battery- actually hitting the person
What are some defences to Trespass to Person
(Assault and battery)
Accident not mistakenly hitting them
Were given consent to hit them
Self defence ( reasonable force)
What is defamation?
A negative false statement about someone
2 types of defamation
Slander- spoken defamation
Libel- written defamation
