Tort Law Review

These flashcards cover essential vocabulary and definitions from the Tort Law lecture to aid in exam preparation.

Goals of Tort Law

Compensation, Deterrence, Settling Disputes, Justice.

Battery

Acting intentionally to cause harmful or offensive contact that results in harm.

Intent

The purpose behind an action to make contact or induce apprehension.

Harmful Contact

Contact that results in physical impairment or injury.

Offensive Contact

Contact that would offend a reasonable person's dignity.

Eggshell Plaintiff

A person who is particularly fragile and susceptible to harm.

Consent

A defense in tort law where the plaintiff agreed to the act.

Assault

An intentional act causing a reasonable apprehension of imminent harmful or offensive contact.

False Imprisonment

Willfully confining a plaintiff without consent and legal authority.

Shopkeeper's Privilege

The legal right of a shopkeeper to detain a suspected shoplifter.

Intentional Infliction of Emotional Distress (IIED)

Acting purposefully or recklessly in an outrageous manner causing severe emotional distress.

Trespass (Chattels)

Intentionally interfering with the possession or use of someone's personal property.

Nominal Damages

Symbolic damages awarded when harm is proven but no actual damage occurred.

Necessity Defense

A legal defense allowing actions necessary to protect against serious harm.

Transfer of Intent

Liability may transfer when an intentional act intended for one person results in harm to another.

Negligence

Failure to exercise reasonable care that breaches a duty to prevent risks to others.

Breach

Failure to live up to the appropriate standard of care as a reasonably prudent person.

Causation

Establishing a direct link between the defendant's actions and the harm caused.

Res Ipsa Loquitur

The principle that the occurrence of an accident implies negligence.

Joint liability

A legal principle where each defendant can be held liable for 100% of the damages.

Several Liability

A concept where each defendant is responsible for only a part of the total harm.

Negligence Per Se

A doctrine where an act is negligent because it violates a statute.

Hand Formula

A formula used to determine if a failure to act was negligent based on the cost of prevention.

Double Intent

Intending both causing contact and the harmful or offensive result.

Sudden Emergency Exception

A defense in negligence cases for actions taken during unforeseen emergencies.