Torts Flashcards
Tort meaning
Civil wrong committed by a person to another.
Torts in depth
Victim focused, damages, battery,
Vicarious liability
Someone else is responsible for the tortfeasers conduct
Assault
Threat of immediate or physical contact
Trespass
Intentional entry to another’s private real property
Trespass to Chattels
Any direct intentional interference causing damage to goods of another
Detinue
Fail to return the goods of another upon demand
Conversion
Wrongful interference relating to goods
False Imprisonment
Complete restraint without authority
Malicious Prosecution
Improper prosecution, no reasonable prospect of success
Nuisance
Injury to land that interferes with use/enjoyment
Defamation
False statement on an Identifiable person that has been published.
Inducing Breach
Intentional interference with contractual relationships while having knowledge.
Fraud
False representation with knowledge
Duty
Having others safety in mind
But for test
Damages might not have occurred but for….
Fiduciaries
Owe the duty to act in the best interest of the other person over your own