Intentional Torts and Negligence

These flashcards cover key vocabulary and concepts related to intentional torts and negligence as outlined in the lecture notes.

Tort

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

Intentional Tort

A tort where the defendant intended the act that caused harm, but not necessarily the harm itself.

Assault

Intentional act creating reasonable fear of imminent harmful or offensive contact; no actual contact required.

Battery

Intentional harmful or offensive physical contact.

Conversion

Intentional taking or use of someone’s personal property without permission.

Intentional Infliction of Emotional Distress (IIED)

Extreme, outrageous conduct causing severe emotional distress.

False Imprisonment

Intentional restraint of another without consent or justification.

Fraud

Intentional misrepresentation of a material fact that causes harm.

Defamation

False statement that harms someone’s reputation.

Negligence

Failure to exercise reasonable care, causing harm to another.

Duty of Care

Everyone has a duty to act as a reasonable person would.

Causation

The link between a defendant's action and the harm caused, consisting of actual and proximate cause.

Proximate Cause

Harm was a foreseeable result of the defendant's act.

Res Ipsa Loquitur

A doctrine meaning 'the thing speaks for itself' indicating an accident implies negligence.

Negligence Per Se

Violating a safety law/statute automatically shows breach of duty.

Gross Negligence

Extreme disregard for safety.

Assumption of Risk

Plaintiff knowingly accepted risk associated with an activity.