Unit 6: Tort Law Flashcards
Tort
When someone commits a wrong in Civil law.
Can you be charged both civilly and criminally for the same act?
Yes
Two basic questions of Tort Law
1) Who should be liable for harm caused by those actions?
2) How much should the responsible person have to pay?
Liable/Liability
Being responsible for something that happened, different from being morally responsible.
Common Law
Law made by the judge through court decisions.
Statuates
A local or state law
Negligent Tort
Torts that are caused by negligence of the person who commits the tort.
Four Elements of Negligent Tort
- Duty
- Breach
- Causation: Cause in Effect, Proximate Causation
- Damages
Defenses: Contributory Negligence
Negligence of the plaintiff contributed to the plaintiff’s injury so damages should be denied.
Defenses: Comparative Negligence
Negligence of the plaintiff contributed to the plaintiff’s injury so damages should be reduced accordingly or denied.
Defenses: Assumption of Risk
The plaintiff consented to engage in certain activity that they knew of potential risks
Defenses: Illegality
Plaintiff engaged in an illegal activity when plaintiff was injured, so damages should be denied.
Intentional Torts
Two components:
1) Want for the consequence to happen
2) Know to a substantial certainty that the consequence will happen
Four Types of Intentional Torts
- Battery
- False Imprisonment
- Intentional Infliction of Mental Distress (IIMD) (outrage)
- Conversion (robbery/ burglary)
Intentional Torts: Defenses
- Consent- if the plaintiff consented for the action to be done
- Self-Defense
- Defense of Others
- Defense of Property
- Recapture of Converted Property
- Privilege of Public Necessity- acting to protect interests of the public
