Tort Law

Question 1

Tort?

Answer 1

Non-contractual, civil wrong against a person or property for which damages may be awarded by a court

(willful or negligent)

Question 2

Tort vs crime?

Answer 2

tort = civil, injured party decides to sue, wrongdoer pays money

crime = government prosecutes case, seek to punish/reform the offender

Question 3

activities so dangerous that an individual engaging in those activities is liable regardless of intent r negligence resulting in harm

Answer 3

strict liability tort

Question 4

Deliberate acts resulting in injury or another

Answer 4

Intentional tort (can also be a crime)

Question 5

Ending patient relationship at unreasonable time

Answer 5

abandonment

Question 6

Libel =

Slander =

Answer 6

Written

Spoken

Question 7

Tort elements?

Answer 7

Duty

Negligent breach

causation

injury

damages

Question 8

Tort defenses?

Answer 8

Elemental (missing an element such as no duty or no breach)

Good samaritan

Res judicata

Truth

Charitable immunity

Sovereign immunity

Assumption of risk

Statute of limitations

Question 9

Modified vs pure comparative vs contributory negligence

Answer 9

read the handout

Question 10

Corporate/Individual neglignce element

Answer 10

duty

negligent breach of duty

injury

causation

Question 11

assigns liability to an individual who didn’t actually cause the harm but who has a superior legal relationshipo to the person who did

Answer 11

vicarious liability