Chapter 6: Tort Law Flashcards

What is a Tort?

A civil wrong, not arising from a breach of contract, that causes another person harm or injury.

What is the primary purpose of Tort Law?

To provide a remedy (damages) for injury to a protected interest.

What are Compensatory Damages?

Damages that reimburse the plaintiff for actual losses

What are Punitive Damages?

Damages intended to punish the wrongdoer and deter similar conduct in the future.

What are the two broad classifications of torts?

Intentional torts and unintentional torts (negligence).

What is an Intentional Tort?

A tort where the tortfeasor must "intend" to commit the act, meaning they intended the consequences or knew with substantial certainty they would result.

What is the doctrine of Transferred Intent?

When a tortfeasor intends to harm person "A" but unintentionally harms person "B," the intent is transferred.

What is Assault?

An intentional, unexcused threat of immediate harmful or offensive contact that creates a reasonably believable threat. No physical contact is necessary.

What is Battery?

The unexcused, harmful, or offensive physical contact that completes an assault.

What is False Imprisonment?

The intentional confinement or restraint of another person's activities without justification.

What is Intentional Infliction of Emotional Distress?

An intentional act that is extreme and outrageous, resulting in severe emotional distress.

What is Defamation?

Wrongfully hurting a person's good reputation by making false statements of fact.

What is the difference between Slander and Libel?

Slander is oral defamation; Libel is defamation in print, media, or the internet.

What is a key defense to Defamation?

Truth is generally an absolute defense.

What is Fraudulent Misrepresentation (Fraud)?

Intentional deceit for personal gain, involving a misrepresentation of a material fact, intent to induce reliance, justifiable reliance, and injury.

What is Trespass to Land?

Entering onto, above, or below the surface of another's land without permission.

What is Negligence?

The failure to live up to a required duty of care that a reasonable person would exercise in similar circumstances. Intent is not required.

What are the four elements a plaintiff must prove for Negligence?

1. Duty, 2. Breach, 3. Causation, 4. Damages.

What is Proximate Cause?

The legal cause of an injury; the connection between the act and the injury is strong enough to impose liability.

What is the "But For" test used for?

To determine Causation in Fact (i.e., the injury would not have occurred "but for" the defendant's act).

What is the defense of Assumption of Risk?

A defense where the plaintiff knew the risk and voluntarily engaged in the act anyway.

What is Comparative Negligence?

A doctrine that apportions damages based on the percentage of fault of the plaintiff and defendant.