Introduction to Tort Law

Flashcards covering essential vocabulary and concepts related to Tort Law.

Tort

A wrong for which the law provides a remedy, usually in the form of money damages.

Intentional Tort

A tort in which the tortfeasor intends the consequences of his or her act or knew that certain consequences would result.

Transferred Intent Doctrine

The principle that intent to harm one target may be transferred to an unintended victim.

Assault

Threat of immediate harm or offensive contact that arouses reasonable apprehension of imminent harm.

Battery

Willful harmful or offensive contact with another person.

False Imprisonment

Unlawful restraint of an individual by force or threats.

Nuisance

A condition that substantially interferes with the plaintiff's right to use and enjoy their property.

Negligence

A failure to exercise the care that a reasonably prudent person would exercise in like circumstances.

Duty of Care

Obligation imposed by statute or common law for one individual to avoid causing harm to another.

Breach of Duty

Violation of the standard of care owed by the defendant to the plaintiff.

Causation

The link between the defendant's action and the plaintiff's injury, consisting of actual cause and proximate cause.

Punitive Damages

Damages awarded in excess of compensatory damages to punish the defendant and deter future misconduct.

Strict Liability

Liability that does not depend on actual negligence or intent to harm; applies to inherently hazardous activities.

Defamation

A false attack on the reputation or character of another, which can be classified as libel (written) or slander (verbal).

Invasion of Privacy

Intrusion into a person's private affairs, including appropriation of name or likeness, intrusion upon seclusion, and public disclosure of private facts.

Comparative Negligence

A legal doctrine that apportions damages according to the degree of fault of each party involved.