Tort Law Flashcards
What is a tort?
A private wrong where a person or property is harmed due to another’s legal failure or wrongful action
What are the three main categories of torts?
Intentional Torts, Negligence and Strict Liability
What is the purpose of tort law?
To compensate victims and deter wrongful conduct
What are the elements of assault?
- Intentional act
- Creates reasonable apprehension
- Of immediate harmful or offensive contact
How is battery different from assault?
Battery involves actual harmful or offensive contact, while assault only requires a reasonable apprehension of contact
What is false imprisonment?
Intentional confinement of a person against their will using force or threats
What are the two types of defamation?
Slander (spoken) and Libel (written or broadcast)
What must a plaintiff prove to win a libel case?
- Statement of fact,
- publication,
- about the plaintiff,
- defamatory, false, causes damages and
- defendant is at fault
How do defamation rules differ for public figures and private individuals?
Public figures must prove actual malice (knowledge of falsity or reckless disregard for truth), while private figures only need to show negligence
What are defenses to defamation?
- Truth,
- Opinion
- Fair Report Privilege
- Parody/Satire
- Fair Comment & Criticism
What is intentional infliction of emotional distress (IIED)?
Extreme and outrageous conduct that causes severe emotional distress
What case set the standard for IIED in North Carolina?
Waddle vs Sparks (NC requires proof of a severe and disabling emotion/mental condition)
What is trespass to land?
Unauthorized entry onto another’s land
How is conversion different from trespass to personal property?
Conversion is permanent deprivation (like theft), while trespass to chattels is temporary interference
What are the four elements of negligence?
Duty, Breach of Duty, Causation, Harm
What is the “But-For-Test” used for?
To determine actual cause in negligence cases
What case established the foreseeability test for proximate cause
Palsgraf v. Long Island Railroad Co.
What is negligence per se?
Violation of a statute meant to protect the public (e.g., selling alcohol to minors)
What is “res ipsa loquitur”?
“The thing speaks for itself”–The harm could not have occurred without negligence
What are common defenses to negligence?
Contributory Negligence (NC), Comparative Negligence, Assumption of Risk, Immunity
What is North Carolina’s rule on contributory negligence?
If the plaintiff is even 1% at fault, they cannot recover damages, unless the defendant had the last clear chance to prevent harm
What is strict liability?
Liability without fault–defendant is responsible even if they acted with care
What types of activities fall under strict liability?
Ultrahazardous activities (e.g., explosives, wild animals, toxic substances)
What are the three types of damages in tort law?
Compensatory, Punitive, and Nominal damages
