Practice Problems for the Second Exam: Intentional Torts, Negligence, Strict Liability, and Agency Law

These flashcards cover key vocabulary related to intentional torts, negligence, strict liability, and agency law as reviewed in the lecture.

Intentional Torts

Civil wrongs resulting from intentional acts, as opposed to negligence or strict liability.

Negligence

Failure to take reasonable care to avoid causing injury or losses to another person.

Strict Liability

Liability that does not depend on actual negligence or intent to harm, typically applied to inherently dangerous activities.

Agency Law

Branch of law dealing with the relationship between agents and principals.

Assault

An intentional act that creates a reasonable apprehension of imminent harmful or offensive contact.

Battery

The unlawful touching or striking of another person; actual physical contact is required.

Slander

Defamation by spoken words, which can harm a person's reputation.

Libel

Defamation by written or published statements.

Duty of Care

A legal obligation to avoid causing harm that a reasonable person would have foreseen.

Breach of Duty

Failure to meet the standard of care that a reasonable person would exercise in a similar situation.

Causation

The action that caused the injury or damage, which must be established as 'actual' (but-for causation) and 'proximate' (foreseeable).

False Imprisonment

Unlawfully restraining an individual against their will.

Emotional Distress

Severe emotional trauma caused by another's outrageous conduct.

Defamation Per Se

A category of defamation that does not require proof of special damages, typically involving accusations of a crime, infectious disease, or immoral behavior.

Negligent Hiring

A failure to adequately screen or supervise employees that may lead to harm.

Apparent Authority

Authority an agent appears to have based on the principal's conduct.

Respondeat Superior

Legal doctrine holding an employer or principal liable for the negligent actions of an employee or agent performed within their job scope.

Comparative Negligence

A legal doctrine where the plaintiff's damages are reduced by the percentage of their own fault.

Tort Reform

Efforts to change the legal system to reduce the ability of plaintiffs to bring tort litigation or to reduce the amounts of damages they can receive.