Study Guide for Tort Law Concepts and Examples

Tort

A private or civil wrong. If someone commits a tort, the person injured as a result can sue and obtain a judgment for money damages.

Elements of a Tort

1) Duty to do or not do a certain thing 2) Breach or violation of the duty 3) Injury - harm as recognized by the law. (Can be physical, mental, $, pain and suffering) 4) Causation (proof that the breach caused the injury)

Foreseeability Test

Would a reasonable person foresee the consequences of the harm done?

Intentional Torts

Examples include Assault, Battery, False Imprisonment, Invasion of Privacy, Trespass to Land, Conversion.

Defamation

Two types: Slander (spoken) and Libel (written). Both require: 1) Statements must be false 2) Communicated to a 3rd party 3) Cause the victim harm via disrepute, contempt or ridicule.

Negligence

Most common type of tort, like rear-ending another car while driving.

Reasonable Person Standard

The duty requires that we act with the care, prudence and judgment of a good person.

Contributory Negligence

When the plaintiff's own negligence was a partial cause for the injury. In states that follow this rule, the plaintiff collects zero.

Comparative Negligence

The plaintiff can be partially at fault, but still collect damages based on the percentage the defendant is at fault.

Strict Liability

Liability exists for the defendant even though he/she was not negligent and it was not intentional.

Standard of Proof in a Civil Case

Preponderance of evidence (at least 51%).

Writ of Execution

If a plaintiff wins a lawsuit and the defendant doesn't pay, this is what the plaintiff does to enforce the judgment.

Assault

An intentional tort that involves creating a fear of imminent harmful or offensive contact.

Battery

An intentional tort that involves actual physical contact that is harmful or offensive.

False Imprisonment

An intentional tort that involves unlawfully restraining a person against their will.

Invasion of Privacy

An intentional tort that involves intruding upon someone's personal life without just cause.

Trespass to Land

An intentional tort that involves entering someone's land without permission.

Conversion

An intentional tort that involves taking someone else's property and using it as if it were your own.