Comprehensive Torts & Contract Law: Liability, Defenses, and Remedies

What is a tort?

A civil wrong where one party (tortfeasor) causes injury/loss/damage to another through action or inaction.

What are the three general categories of torts?

Intentional torts, Negligence, and Strict Liability.

What defines an intentional tort?

The defendant was willful or intentional in bringing about tortious conduct.

What is negligence?

An accidental or unintentional event that causes harm to another when harm is a foreseeable consequence.

What is strict liability?

The defendant may be held liable regardless of intent or fault.

What is assault in tort law?

An action that causes a reasonable apprehension of imminent harm or offensive contact.

What is battery in tort law?

Unauthorized and harmful or offensive intentional physical contact with another person.

What is false imprisonment?

The unlawful restraint of a person against their will.

What is defamation?

The act of making false statements that damage a person's reputation.

What is the public figure standard in defamation cases?

Public figures must prove actual malice to win a defamation lawsuit.

What is fraudulent misrepresentation?

A false statement made knowingly to induce another to act to their detriment.

What are the elements of negligence?

Duty, Breach of duty, Injury/Damages, Cause in fact, and Proximate cause.

What is the Good Samaritan Law?

A law that protects individuals from liability when they voluntarily provide assistance in an emergency.

What is comparative negligence?

A legal doctrine that compares the negligence of both parties and reduces the plaintiff's damages accordingly.

What is strict liability in product liability cases?

The injured party must prove only that the defendant sold a defective product that caused harm.

What are the types of product defects?

Manufacturing defects, design defects, inadequate warnings, and improper packaging.

What is a manufacturing defect?

When a product departs from its intended design due to improper assembly, testing, or quality checks.

What is a design defect?

When a product is made according to design specifications, but the design itself is faulty.

What is the statute of limitations?

The time limit within which a lawsuit must be filed after an injury occurs.

What is the statute of repose?

Limits a manufacturer's liability to a certain number of years from the date when the product was first sold or manufactured.

What is the purpose of civil cases?

To make victims whole by compensating them for injuries or harm caused by the tortfeasor.

What is the role of defenses in tort cases?

Defenses can provide immunity from liability if successfully proven.

What is the difference between pure comparative and partial comparative negligence?

Pure comparative allows recovery regardless of fault percentage, while partial comparative limits recovery if the plaintiff is more than 50% at fault.

What is tortious interference?

Interfering with an existing contractual relationship causing identifiable damages.

What is the ruling in Mattison v. Johnston?

Johnston tortiously interfered with the restrictive covenant contract between Mattison and Drowne.

What is the reasonable standard in negligence?

The expectation that individuals will act with reasonable care to avoid harming others.

What is proximate cause?

A legally recognized link between the breach of duty and the harm suffered by the plaintiff.

What is the Statute of Frauds in common law contracts?

It applies to contracts involving real property, that cannot be performed in under one year, or to pay the debt of another.

What was the ruling in Stevens v. Publicis regarding emails as signed writings?

The emails constituted 'signed writings' under the Statute of Frauds because Stevens' name signified his intent to authenticate the contents.

What constitutes a fraudulent misrepresentation according to Harley Davidson Motor Co. v. PowerSports, Inc.?

Fraudulent misrepresentation occurs when misrepresentations are knowing, concern material facts, and are justifiably relied upon.

What is the Parol Evidence Rule?

It states that parties to a complete and final written contract cannot introduce oral evidence that changes the intended meaning of written terms.

What happens when a party is discharged from a contract?

They are relieved from all further responsibility of performing the contract.

What is substantial performance?

It occurs when a party fulfills enough of the contract terms to warrant payment, even if there are minor deviations.

In Jacob & Youngs v. Kent, what was the issue regarding the use of substitute pipe?

The issue was whether using a substitute pipe constituted substantial performance.

What was the ruling in Jacob & Youngs v. Kent regarding substantial performance?

The ruling was that using the substitute pipe constituted substantial performance as it was not a result of fraud or willfulness.

What is the difference between impossibility and impracticability in contract law?

Impossibility means no one can objectively perform the contract, while impracticability means a specific party cannot perform it.

What is the doctrine of frustration of purpose?

It applies when a party's principal purpose for entering into a contract is frustrated by unforeseen events.

What are compensatory damages?

They are damages awarded to compensate a party for the loss incurred due to a breach of contract.

How are compensatory damages calculated in a breach of contract?

They are calculated based on the difference between the contract price and the market price at the time of breach, plus any incidental costs.

What is the likely outcome for Green Valley in suing Frank for breach of contract?

The court is likely to award Green Valley $2,500, which includes $1,000 in compensatory damages and $1,500 in consequential damages.

What are equitable remedies in contract law?

They are remedies provided when monetary damages are insufficient or inadequate.

What does UCC provide regarding payment and delivery?

UCC provides a variety of remedies and gap fillers for payment, delivery, and risk of loss.

What is the role of avoidance and mitigation of damages in contract law?

Parties are expected to take reasonable steps to avoid or mitigate damages resulting from a breach.

What is anticipatory repudiation?

It occurs when one party indicates they will not perform their contractual obligations before the performance is due.

What is a material breach?

A material breach is a significant failure to perform that permits the other party to terminate the contract.

What is mutual consent in contract law?

Mutual consent refers to the agreement of both parties to the terms of the contract.

What is the significance of the Statute of Limitations in contract law?

It sets a time limit within which a party must sue for breach of contract.

What is the consequence of a party unilaterally materially altering a contract?

It can lead to discharge of the contract by operation of law.

What is the purpose of the UCC as a gap filler?

To provide default rules that apply when parties have not specified terms in their contracts.

What is the significance of the case law in understanding contract enforceability?

Case law helps clarify the application of contract principles and defenses in real-world scenarios.