Untitled Flashcards Set

What is a tort?

A civil wrong.

What is the purpose of tort law?

To provide remedies for the violation of various protected interests.

What constitutes damage in tort law?

Injury or destruction of property.

What are compensatory damages?

Money intended to restore a plaintiff to the position they were in before the injury.

What are special damages?

Money that compensates the plaintiff for quantifiable monetary losses.

What are general damages?

Monetary compensation for the non-monetary aspect of harm suffered by individuals.

What are punitive damages?

Damages that exceed simple compensation, intended to punish the defendant.

What is gross negligence?

An action committed with extreme reckless disregard for the property or life of another.

What are the classifications of torts?

Intentional and unintentional (negligence).

What is the role of defenses in tort law?

To limit or eliminate the liability of the act even if the plaintiff can prove all elements of the tort.

What are some types of defenses in tort law?

Consent, comparative negligence, and statute of limitations.

What is a tortfeasor?

The person who commits a tort.

What is transferred intent in tort law?

When a defendant intends to harm one individual but unintentionally harms another.

What is assault?

An intentional threat of immediate harmful or offensive contact.

What constitutes battery in tort law?

Intentional harmful or offensive physical contact unwanted by the plaintiff.

What is false imprisonment?

Confinement of another person’s activities without justification.

What is the privilege to detain?

A law allowing businesses to detain shoplifters with reasonable force.

What constitutes intentional infliction of emotional distress?

Extreme and outrageous conduct that causes serious emotional harm.

What is defamation?

Wrongfully hurting another's reputation.

What is the difference between libel and slander?

Libel is written or recorded defamation; slander is oral and tends to be temporary.

What must a plaintiff prove in slander cases?

Special damages, which refer to economic or monetary loss.

What does slander per se refer to?

Oral statements assumed to be harmful related to criminal or sexual conduct, or professional abilities.

What is intrusion as it relates to invasion of privacy?

Invading someone's home or personal affairs without consent.

What is privacy in tort law?

The right to be left alone and free from unauthorized invasion.

What is fraud?

Misrepresentation made knowingly with the intention of deceiving another.

What does negligent misrepresentation involve?

Fraud committed by someone who should have known what they were saying was false.

What is abusive or frivolous litigation?

Filing a lawsuit without legitimate grounds and with malice.

What is strict liability?

Legal responsibility for damage or injury even if not negligent.

What are the key elements of negligence?

Duty, breach, causation, and damages.

What is the reasonable person standard?

A measurement of how society expects an individual to act in a given situation.

What is the attractive nuisance doctrine?

Liability for injuries to children attracted to hazardous conditions on property.

What does the term 'contributory negligence' refer to?

A rule that bars the plaintiff from recovering damages if they are partly at fault.

What is comparative negligence?

Liability for injuries shared by all negligent parties based on their proportionate negligence.

What constitutes product liability?

The legal liability of manufacturers or sellers for injuries caused by goods.

What are the three types of product liability defects?

Manufacturing defects, design defects, and inadequate warnings.

What does the term 'trademark dilution' mean?

Using a trademark in a way that reduces its significance or reputation.

What defines a general trade name?

A name that identifies a business and is protected only if it is unusual or used financially.

What are the requirements to establish strict liability for a product?

Product must be defective, seller must be engaged in business, and the defect must cause harm.

What does the FDA regulate?

Protects consumers against misbranded and adulterated food and drugs.

What are fair use exceptions in copyright law?

Criticism, commentary, news reporting, teaching, scholarship, and research.

What is plagiarism in the context of copyright?

Using someone else's writings or ideas as your own.

What is the cooling-off law?

Consumers have a set period to back out of a purchase without penalty.

What is the FTC Mail, Internet or Telephone Order Merchandise Rule?

Requires companies to fulfill orders within the promised timeframe.