AFM 335 - Tort Law

Flashcards covering the fundamentals of tort law, including the test for negligence, various types of damages, liability concepts, and specific property and business-related torts.

Tort

A series of things that go wrong (harm done) that society, via legislation and court decisions, says the victim should receive compensation or another remedy from the wrongdoer.

Liability

A civil litigation term used (instead of 'guilty') to refer to a party who is established in a lawsuit to have caused another party's loss.

Negligence

A broad, unintentional tort defined as a careless act that causes harm to another, where the wrongdoer can be liable even without genuine intent or malice.

Punitive Damages

Damages intended as a punishment rather than compensation for a loss; they are rare in contract law but possible in tort law, particularly in the U.S.

Specific Deterrence

A purpose of tort law meant to discourage a particular wrongdoer from repeating their harmful behavior.

General Deterrence

A purpose of tort law meant to discourage other similar parties or businesses from engaging in the same harmful behavior.

Pecuniary Damage Claims

Claims for financial losses, including the cost of future care, loss of future income, and special damages (out-of-pocket expenses).

Non-pecuniary Damages

Claims for intangible losses, typically connected to physical harm, such as pain and suffering, loss of enjoyment of life, and loss of life expectancy.

Aggravated Damages

Compensatory damages intended to address intangible injuries such as emotional harm.

Joint Liability

A situation where multiple tortfeasors are collectively responsible, and the innocent party can pursue more than one tortfeasor for the loss.

Several Liability

A situation where multiple tortfeasors are collectively responsible, and the innocent party can pursue any single tortfeasor for the entirety of the loss.

Primary Liability

A situation where every individual considered in law to have harmed the innocent party is legally responsible and liable for their own personal wrongdoing.

Vicarious Liability

A legal principle where a business is automatically liable for the loss caused to a third party by an employee acting within the scope of their employment; it does not apply to crimes.

Pure Economic Loss

Financial loss without accompanying physical injury or property damage, which courts treat cautiously to avoid creating unlimited or indeterminate liability.

Donoghue v. Stevenson (1932)

A landmark case, also known as the Ginger Beer case, which established the modern tort of negligence and the neighbor principle.

Neighbor Principle

The legal rule that one must take reasonable steps to avoid acts or omissions that can reasonably be foreseen as likely to injure persons closely and directly affected by those acts.

Duty of Care

The first step in the negligence test, established if harm is reasonably foreseeable and there is a sufficiently close relationship (proximity) between the parties.

Reasonable Person Standard

The objective but contextual level of care expected by an ordinary, prudent person under similar circumstances.

Causation

The inquiry of whether the harm would have occurred 'but for' the defendant's actions or failure to act.

Remoteness

The principle that a defendant is only responsible for the general type of harm that a reasonable person would have foreseen as a likely consequence of the negligent act.

Contributory Negligence

A defense where the court holds the victim partially responsible for their harm because they failed to take reasonable care for themselves.

Voluntary Assumption of Risk

A defense, often involving waivers, where a defendant argues the plaintiff knowingly accepted the risk of harm; this is notoriously difficult to establish.

Occupier’s Liability

A legal obligation (often statutory) requiring the person in possession of property to ensure that those entering are reasonably safe.

Nuisance

Unreasonable and substantial interference with a neighbor's use and enjoyment of their land.

Trespass

Wrongful interference with land, such as entering without consent, remaining after consent is withdrawn, or leaving an object on the property without permission.

Assault

The threat of imminent physical harm that disturbs an individual's sense of security.

Battery

The intentional infliction of harmful or offensive physical contact.

False Imprisonment

Unlawful detention, physical restraint, or coercion by psychological means.

Deceit

An intentional or reckless false misrepresentation that causes harm to another party.

Passing Off

A tort occurring when one party presents another's goods or services as their own, damaging the goodwill and reputation of the original product.

Interference with Contractual Relations

A tort involving one party inciting another to break their contractual obligations with a third party.

Defamation

The public making of a false statement about a plaintiff that results in public harm to their reputation.

Intrusion Upon Seclusion

A relatively recent tort (recognized since approximately $2012$) involving the intentional invasion of a plaintiff's private affairs without lawful justification.