Tort Law

Tort

A private wrong that is committed by one person against another.

Tortfeasor

A person who commits a tort.

Slander

When lies are spoken about another person damage their reputation.

Strict Liability

A Legal Doctrine saying that some activities are so dangerous that liability will follow any injury that results from those activities.

Contributory Negligence

Saying that the victim did something that caused their own injury, is an example of this kind of defense for negligence.

Intentional Tort

An action that deliberately hurt, embarrass or scare people.

Negligence

A tort that occurs when one person's carelessness injures another.

Libel

Written, printed, recorded lies about a person that damages their reputation.

Assumption of Risk

A defense for Negligence saying that the plaintiff knew the risk and still took the chance.

Comparative Negligence

Defence for Negligence compares the carelessness of both parties involved.

Intentional Torts against People

Defamation, Invasion of privacy, Assault & Battery are all examples of this kind of Tort.

An example of Negligence

JD not shoveling his sidewalk on an icy, snowy day is an example of this kind of tort.

Proximate Cause

The link between the carelessness of an individual leading to the injury of another person.

Product Liability

A car manufacturer being sued after a person is severely injured in a car accident due to a faulty steering wheel is an example of this.

Duty of Care, Breach of Duty, Proximate Cause and Actual Harm

What are the 4  elements of negligence?

An example of Assault

Jenny telling Kayla that if she doesn't stop running her mouth, Jenny is going to beat her up is an example of this.

An example of Invasion of Privacy

Your psycho ex breaking into your phone and reading your messages is an example of this.

An example of Battery

Kayla slapping Jenny is an example of this kind of tort.

An example of Slander

Jane going around the school and tells everyone that John got caught cheating on a test, when she knows it  is not true is an example of this.

An example of Libel

John sending a text to all his friends at school saying his girlfriend who broke up with him is addicted to drugs just to get back at her is an example of this

An example of Trespassing

You and a friend decide to cut through a person's yard on your way to school every day is an example of this.

An example of Assumption of Risk

Baseball stadiums have successfully used this defense when sued by spectators injured by baseballs hit into the stands.

"reasonable person standard"

When it comes to "duty of care" what is the "standard" that is used for comparison in "setting the bar"

An example of Nuisance

When foul oders affect your neighborhood because your nextdoor neighbor has 100 cats is an example of this. 

Contributory Negligence and Comparative Negligence

What are 2 defenses that can be used when the defense cannot attack one of the 4 elements of negligence?

Unintentional Tort

A person can commit an unintentional tort, when he or she acts in a careless manner that results in an injury to a person, damage to property, or both.

Duty of Care

\n All of us have a duty to not violate certain rights of others**.**

Breach of Duty

The failure to use the degree of care that a reasonable person would exercise in that same situation.

Actual Harm

The essence of any tort suit is a violation of a duty that results in injury to the plaintiff. The plaintiff must have suffered physical injury, property damage, or financial loss.

Concept of Rights

What concept is at the heart of tort law?

Be free from bodily harm, Enjoy a good reputation, and Conduct business without unwarranted interference.

Concept of Rights

Trespass

\n The wrongful damage to or interference with property of another.

Defamation

The wrongful act of injuring another’s reputation by making false statements.

False Imprisonment

Law enforcement officers must have probable cause or a warrant to arrest someone or else they can be sued for false _______ or arrest.

Battery

The unlawful unprivileged touching of another person

Assault

When one person deliberately leads another person to believe that they are about to be harmed.