Torts - Part 1(more)

This set of flashcards covers the fundamental concepts of tort law, including definitions, elements, examples, and legal principles relevant to tort claims.

What is a tort?

A tort is a civil wrong other than a breach of contract that may also be a criminal wrong.

What are the basic elements of a tort claim?

The basic elements are: a duty or standard of care owed to another, a breach of that duty, and harm caused to another person.

Who is referred to as a tortfeasor?

A person who commits a tort.

What is negligence in tort law?

Negligence is a failure to live up to society’s ideal of reasonable care in a specific situation.

What is the general duty in U.S. tort law?

To avoid acting in ways that would injure other people or their property.

When is proof of negligence not required?

In cases involving strict liability or certain intentional torts.

What are intentional torts?

Intentional torts are torts where the defendant injures the plaintiff on purpose.

What is the definition of defamation?

Defamation refers to statements made by one party that damage another’s reputation.

What are the elements of defamation?

A false statement presented as true, made negligently, published to a third party, and causing damage to reputation.

What is 'Res Ipsa Loquitur'?

It is a doctrine allowing the court to infer negligence from the nature of the accident.

What is the Learned Hand Formula?

P*L > B, where P is the probability of accident, L is likely loss, and B is the burden of preventing accident.

What constitutes 'Malicious Prosecution'?

When an individual brings repeated civil suits or criminal complaints against another without merit.

What is tortious interference?

When a third party wrongfully interferes with contractual relations between two other parties.

What are some examples of intentional torts?

Battery, assault, conversion, and intentional infliction of emotional distress.

What must a plaintiff show to recover on a tort claim?

That the defendant owed them some duty of care in connection with their injury.

What defines the standard of care in negligence claims?

Whether the defendant acted as a reasonably prudent person would have under the circumstances.

What are some defenses to tort claims?

Assumption of risk and contributory negligence.

What are punitive damages?

Damages awarded in intentional tort cases meant to punish the wrongdoer.

What is an example of defamation per se?

Accusing another of committing a serious crime or alleging a person has a communicable disease.

What must a plaintiff prove in defamation cases against public figures?

Higher standards of proof due to free speech concerns.