2 The General Structure of Torts & Battery

These flashcards cover key vocabulary terms and concepts related to the structure and principles of tort law, particularly focusing on intentional torts and battery.

Intentional Torts

Torts where the defendant acts with specific intent or substantial certainty.

Negligence

The largest category of tort law, focusing on the failure to meet a standard of reasonable care.

Strict Liability

Liability without a finding of fault, applicable in cases such as abnormally dangerous activities.

Duty

The legal obligation to conform to a specific standard of conduct.

Breach

The failure to conform to the required standard of conduct.

Causation

A key element of torts involving actual cause and proximate cause.

Damages

Measurable harm or loss, can be physical, emotional, or economic.

Prima Facie Case

Established when the plaintiff proves all four elements of a tort.

Affirmative Defenses

Facts that, if proven by the defendant, defeat or mitigate the plaintiff's claim.

Preponderance of Evidence

The standard of proof in civil cases, meaning more likely than not.

Substantial Certainty

Knowing that a specific result is nearly inevitable due to one's actions.

Offensive Touching

Contact that would offend a reasonable person's sense of personal dignity.

Battery

An intentional touching that is harmful or offensive.

Intent to Touch vs. Intent to Harm

For battery, intent to cause injury is not required; intent to contact is sufficient.

Garratt v. Dailey

A case defining substantial certainty for establishing intent.