US Tort Law Flashcards
Latin torquere = to twist, wrestle aside
Tort
A private wrong or injury which allows recovery for damages
Tort law
Two broad categories
- Intentional harm/intentional wrong
Does this means there must be bad or evil intent? - No
Just have to have a desire to bring about an immediate result - Negligence failure to do something which a reasonable person, guided by the usual factor which regulate human affairs would do or not do
One who commits a tort is a
Tortfeasor
Must have some sort of … = negligence/tort law = legal obligation to conform to a particular standard of conduct toward another
Duty
Possible actions in tort 1
Assault and battery
Assault = intent to inflict harm on another person and put them in fear of injury
Battery = intentional, harmful, unprivileged contact with another person
Possible actions in tort 2
Self Defense of person or property
- Of a person right of self Defense = not liable if: other person intended to harm him; defensive act not likely to cause death; prevention of harm only possible by fighting back; can only use reasonable means to stop attack
- Of property at common law, maybe form of self Defense
Possible actions in tort 3
Defamation of character
Publication in written or printed form which ridicules, scorns or lowers the respect and confidence of other people
Libel ( Verleumdungsklage )
Spoken word = more narrow cause of action
Slander ( üble Nachrede )
Defenses to libel/slander
- Truth
- Consent
- Privilege
a. Public officials
b. Husband and wife
c. Fair comment
If the plaintiffs is guilty of any negligence which contributes to his own injury = no claim
Contributory negligence
100,000 $ damage
60% defendant negligent
40% plaintiffs negligent
Failure to do something which a reasonable person guided by the usual factors regulate human affairs would do or do not
( normal/ordinary) negligence
The intentional failure to perform a duty with reckless disregard of the consequences
Gross negligence
