Chapter 5: Torts

A complete set of vocabulary flashcards covering key terms, concepts, types of torts, defenses, and liabilities from Chapter 5.

Tort

A wrongful act that causes harm to another person and allows the injured person to seek a legal remedy, usually money damages.

Eggshell Plaintiff Rule

Holds a defendant responsible for the full extent of injuries caused to a plaintiff, even if the plaintiff's pre-existing condition made the injuries worse.

Criminal Law vs. Tort Law

Criminal Law involves the government punishing someone for committing a crime, while Tort Law involves an injured person suing another person for compensation.

Intentional Tort

A type of tort where you intentionally do something that harms someone.

Negligent Tort

A type of tort where you accidentally cause harm because you were careless.

Strict Liability Tort

A type of tort where you can be held responsible even if you were not careless.

Compensatory Damages

Money meant to reimburse an injured person for actual losses, including special and general damages.

Special Damages

Specific measurable financial losses, such as medical bills.

General Damages

Losses that are harder to put an exact dollar amount on, such as pain and suffering.

Punitive Damages

Money intended to punish the defendant and discourage similar behavior.

Defamation

Wrongfully hurting another's reputation through a false statement.

Slander

Spoken defamation, which requires proof of injury.

Libel

Written defamation, where general damages are presumed.

Misappropriation

Using someone's name or picture for commercial purposes without permission.

Intrusion into Personal Space

Intruding into someone's private affairs.

False Light

Publishing information that creates a false impression about someone.

Public Disclosure of Private Facts

Sharing embarrassing private information that isn't legitimately a matter of public concern.

Nuisance

Interfering with someone's ability to use and enjoy their property.

Tortious Interference with a Contract

When someone intentionally interferes with an existing contract between two parties.

Negligence

Causing harm because you failed to act as a reasonable person would.

Duty of Care

A legal responsibility of the defendant to act reasonably.

Breach of Duty

When the defendant fails to act as a reasonable person would.

Reasonable Person Standard

A standard asking, 'What would a reasonable person have done in this situation?'

Actual Cause

The physical or factual event that directly triggers an injury, determined by asking 'Would the injury have happened BUT FOR the defendant's actions?'

Proximate Cause

Asks whether the injury was a foreseeable result of the defendant's actions.

Res Ipsa Loquitur

A legal phrase meaning 'The thing speaks for itself,' applying when circumstances strongly suggest negligence even though the plaintiff cannot explain exactly how the defendant was negligent.

Contributory Negligence

A defense to negligence where the plaintiff's own negligence contributed to their injury.

Comparative Negligence

A defense to negligence where the plaintiff's percentage of fault is compared with the defendant's.

Assumption of Risk

A defense to negligence where the injured person knew of the risk and voluntarily assumed it.

Superseding Interval

An unforeseeable, intervening act that breaks the causal link between the defendant's act and the plaintiff's injury, relieving the defendant of liability.

Vicarious Liability

When one person or business is legally responsible for another person's actions.

Respondeat Superior

A doctrine under vicarious liability where an employer can be responsible for an employee's negligence when the employee is acting within the scope of employment.

Strict Liability

Responsibility for any damage or injury caused by actions or property, no matter how careful the person tried to be, such as in abnormally dangerous activities or defective products.

Fraud

Intentionally deceiving someone for financial gain or to cause a loss, involving a statement of fact.

Interference with a Business Relationship

When someone improperly interferes with a business opportunity that has not yet become a contract.

Slander of Title

A false statement about property ownership.

Business Defamation

Damaging statements made about a company's reputation.