Tort law Chapter 3 Flashcards
Definition of a Tort
A tort is a private wrong committed by one person against another person or another person’s property.
A person who commits a tort is called a
tortfeasor
In a lawsuit, the tortfeasor is the… and the victim is the…
Defendant
Plaintiff
intentional tort
An intentional tort is an act that is intended to hurt, embarrass, or scare another person, or to damage another person’s property
The most common intentional torts against individuals are:
Assault and battery
Intentional infliction of emotional health
Defmation
False imprisonment
Invasion of privacy
When does an assault occur?
When an individual threatens to harm an innocent person using words, gestures, or both.
When does battery occur?
When someone deliberately touches another person or that person’s clothing against his or her wishes
When does false imprisonment occur
False imprisonment occurs when one person unlawfully restrains another from moving freely. It may involve physical restraint or merely a show of force.
When does Defamation occur?
Defamation occurs when one person lies about another in a way that damages his or her reputation.
What are the two types of defamation?
1.libel, which is written, and
2.slander, which is verbal.
When does invasion of privacy occur
Occurs when someone violates the right
When does Intentional infliction of emotional distress occur
occurs when one person purposely causes another person mental anguish.
Intentional Torts Against Property include:
Trespass – interfering with somebody’s real property (land or anything permanently attached to it)
Conversion – when someone interferes with a person’s right to personal property.
Nuisance
anything that interferes with the enjoyment of property.
Disparagement
when others tell lies about objects that you personally are trying to sell. Must prove you actually lost money due to the lie!
Negligence
tort that occurs due to carelessness. It is an accident. The injury was not intended.
The four elements of negligence are
The defendant owed the plaintiff a duty of care.
The defendant committed a breach of that duty.
The breach of duty was the proximate cause of harm.
The plaintiff suffered actual harm.
ALL OF THE FOLLOWING MUST BE PRESENT TO SUE SOMENE FOR NEGLIGENCE
Duty of Care – a legal obligation requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others
Breach of Duty – failing to use reasonable care in dealing with a person
Proximate Cause is the cause that immediately and directly results in a
specific event.
Actual harm- the victim must suffer an injury, have property destroyed or lose a lot of money to prove actual hard and sue for negligence
three other defenses against negligence:
Contributory, negligence, comparative negligence and Assumption of risk
Contributory negligence
When the victim did some thing that helped cause their own injury 
Comparative negligence 
when the negligence of the victim is compared to that of the defendant. A victim who is partially responsible may collect only partial damages.
When does assumption of risk occur? 
Assumption of risk occurs when the victim understood the risk involved in an activity and took the chance of being injured.
Strict liability 
holds that some activities are so dangerous, no amount of care could eliminate the risk of injury.
