Torts Flashcards
What two notions are the basis of all torts?
Wrongs and compensation
What is the difference between “damage” and “damages”!in legal terminology?
Damage: Injury to persons or property
Damages: Monetary compensation for such harm or injury
What are compensatory damages?
Compensation or reimbursement for actual losses
What are compensatory special damages?
Compensate plaintiffs for quantifiable monetary losses such as medical expenses, lost wages and benefits, extra costs, the loss of irreplaceable items, etc.
What are compensatory general damages?
Compensate individuals for nonmonetary aspects of the harm suffered, such as pain and suffering.
What are punitive damages?
Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.
Can damages be limited?
State laws may limit the amount of damages- both punitive and general- that can be awarded to the plaintiff.
What are the two broad classifications of torts?
Intentional torts and unintentional torts.
What is the most common defense against intentional torts?
Consent: where the person consents to the act that damages her or him, there is generally no tort liability.
What do you call someone committing a tort?
A tortfeasor
Can intent be transferred?
Intent can be transferred when a defendant intends to harm one individual but unintentionally harms a different person. This is called transferred intent
What is an assault?
An assault is an intentional and unexcused threat of immediate harmful or offensive contact. Assault may occur even if there is no actual contact with the plaintiff, provided the defendant’s conduct causes the plaintiff to have a reasonable apprehension of imminent harm.
