Torts

Torts

A civil wrong that involves a breach of duty and can cause harm or injury, with a foreseeable situational outcome and proximate cause, for which a remedy may be obtained.

Tortfeasor

The person who commits a tort, also known as the defendant.

Negligent Torts

Types of torts that occur due to negligence, including negligent acts, intentional acts, and civil liabilities.

Duty

A legal obligation owed to another person.

Breach

Failure to meet the duty by the reasonable person test.

Causation

The defendant's conduct caused the plaintiff's harm, determined by the "but-for" test.

Damages

The actual physical harm suffered by the plaintiff as a result of the defendant's breach of duty.

Foreseeability

The ability to reasonably predict an outcome from a breach of duty.

Palsgraf v Long Island Railroad

A precedent case that established the concept of foreseeability in tort law.

Acceleration Theory

If a defendant causes a victim to die sooner than they otherwise would have, the defendant is held liable for the death.

Contributory Negligence

When the plaintiff contributed to their own injury, they are barred from compensation.

Comparative Negligence

When the plaintiff contributes to their own injury, their compensation is reduced.

Assumption of Risk

When the plaintiff knew the risk but still pursued the action.

Illegality

When the plaintiff engaged in illegal activities.

Duty to Business Invitees

The legal obligation of any business to ensure the safety of people welcomed onto their property for commercial purposes.

Negligence Per Se

Lack of action under a legal duty, either by statute or common law.

Osborne v McMasters

An example case of negligence per se, where the defendant was held liable for selling an unlabeled bottle that caused the consumer's death.

Slander Per Se

Conveying false information as fact without the need to prove damage or harm, including accusations of crime, loathsome diseases, chastity, and profession.

Danger Invites Rescue

If a person is in danger and someone is hurt while rescuing them, the person in danger is liable.

Dram Shop Laws

Laws that hold establishments partially liable for the consequences suffered by patrons who are minors or severely intoxicated.

Social Host Liability

The liability of a party host for the actions of individuals during and after the event.

Attractive Nuisance

A legal concept that holds landowners liable if minors get injured while observing an object on their land that is likely to attract attention.

False Imprisonment

Intentional imprisonment without justification, detention without consent, and unlawfulness.

Shopkeeper's Privilege

The right of a shopkeeper to reasonably detain a suspected shoplifter until the police arrive, with certain limitations.

Intentional Infliction of Emotional Distress

The intentional and extreme infliction of emotional distress that is outrageous and unreasonable.

Police Conduct

The defense that allows reasonable force to be used to effect a lawful arrest.

Self-defense

The defense that allows the use of reasonable force proportionate to the threat.

Voluntary (mutual) combat

The defense that applies when the plaintiff has agreed to enter combat, without the use of excessive or unreasonable force.

Trespass to Land

The intentional interference with or on someone else's property without their consent.

Trespass to Chattel

The taking of property unlawfully or the unwarranted use of property.

Lien

The right to hold someone's property if there is a debt related to that property.

Appropriation

The use of a person's likeness without their permission.

Tortious Interference

Wrongful interference in a contractual relationship, inducing one of the parties to break the contract for self-interest.

Tortious Interference in Business Relationships

The interference in a prospective contract between two parties, requiring justifiable reasons and non-predatory competitive behavior.

Conversion

Trespass to chattel with involvement from a third party, such as selling the property.

Disparagement

Economically injurious falsehoods about another person's product or property.

Trade Libel

Intentional disparagement in publication.

Strict Liability Torts

Liability that does not require proof of intent, including cases involving wild animals, product liability, and duty to warn.

Duty to Warn

The obligation of a manufacturer to warn consumers of the dangers associated with their product.

Product Liability

The liability of a defendant if the plaintiff proves that the product is defective, regardless of intent.

Defenses to Strict Liability Torts

Ignoring clear warning labels, lack of clear causation, and misuse of the product.