Torts

Tort

Private wrong committed by one person against another

Intentional Tort

When a person knows and desires the consequences of their act

Assault

victim believes that they are about be harmed (threat with a weapon or physical movement)

Battery

Unprivileged touching of another person (even if contact is not harmful)

Trespass

wrongful damage/interference with the property of another

Property

movable items, real property (land and things built on, growing, or located in the land)

Nusiance

anything that interferes with the enjoyment of life or property

Public Nuisance

One that affects many people

False Imprisonment

making arrest without meeting the requirements for having a probable cause or warrant to arrest someone

Defamation

injuring another’s reputation by making false statements

Two Kinds of Defamation

Libel and slander

Libel

recorded false statements to injure one’s reputation

Slander

false statement made orally to a third party

Invasion of Privacy

interfering with a person’s right to be left alone

Unintentional Torts

Negligence and Strict Liability

Negligence

injury caused by a person’s mere carelessness/failure to exercise duty of care

Strict Liability

Injury caused by person’s participation in ultra-hazardous activity

Breach Of Duty

failure to use the degree of care required under the circumstances

Proximate Cause

legal connection between unreasonable conduct and the resulting harm

Defenses to Negligence

Owing no duty to the plaintiff, Behavior conformed to the reasonable person standard, Their behavior was not the proximate cause, Plaintiff suffered no injuries

Contributory Negligence

Behavior by the plaintiff that helps cause their injuries

Comparative Negligence

Comparison of the negligence of each party to prevent huge losses for minor acts of negligence

Assumption Of Risk

The plaintiff taking the chance of being injured while still knowing the risk