Business Law Unit 3 Tort Law

Tort

A civil wrong that causes harm or injury to another person, leading to legal liability

Negligence

Failure to take reasonable care to avoid causing harm to others, resulting in injury or damage

Duty of Care

A legal obligation requiring individuals to act with a certain standard of care to avoid harming others

Breach of Duty

The failure to meet the required standard of care in a particular situation

Causation

The act of proving that the defendant's actions directly caused the plaintiff's harm or injury

Damages

Monetary compensation awarded to a plaintiff for the harm or injury caused by the defendant's wrongful act

Compensatory Damages

Damages awarded to compensate the plaintiff for actual losses, such as medical expenses or lost wages

Punitive Damages

Damages awarded in addition to compensatory damages to punish the defendant for egregious conduct and deter future wrongdoing

Strict Liability

Legal responsibility for harm caused by actions regardless of fault or negligence, often applied in cases involving hazardous activities or defective products

Intentional Torts

Torts that occur when a person deliberately engages in an action that causes harm to another, such as assault, battery, or defamation

Assault

An intentional act that causes a person to fear imminent harmful or offensive contact

Defamation

The false statement made about someone that damages their reputation, either in writing (libel) or verbally (slander)

Battery

The intentional and offensive physical contact with another person without their consent

False Imprisonment

The unlawful restraint of a person's freedom of movement without legal justification

Infliction of Emotional Distress (IIED)

Intentional or reckless conduct that causes severe emotional distress to another person

Negligent Infliction of Emotional Distress

A claim arising when a defendant's negligence causes a plaintiff emotional distress, typically without physical harm

Vicarious Liability

The legal principle that holds an employer or principal responsible for the actions of their employees or agents while they are acting within the scope of employment

Contributory Negligence

A defense in which the defendant argues that the plaintiff's own negligence contributed to their injury, potentially reducing or eliminating liability

Proximate Cause

The primary cause of the harm that is closely related to the defendant's conduct, often used to determine the scope of liability

Joint and Several Liability

A legal doctrine that allows a plaintiff to recover the full amount of damages from any one of multiple defendants, regardless of each defendant's share of fault

Assumption of Risk

A defense in tort law where a defendant argues that the plaintiff voluntarily accepted the risks associated with an activity, thus absolving the defendant of liability

Foreseeability

The ability to predict or anticipate that a certain outcome or harm may result from specific actions or behaviors

Nuisance

A type of tort that involves interference with a person's right to use and enjoy their property, such as noise, odors, or pollution

Tortfeasor

A person who commits a tort, responsible for causing harm or injury to another person through their wrongful actions

Comparative Negligence

A doctrine in which the plaintiff's damages are reduced in proportion to their degree of fault in causing the injury