Mastering Torts: Overview of Torts, Negligence, and Intentional Torts

A comprehensive set of flashcards covering key concepts, definitions, and principles related to tort law, including negligence and intentional torts.

What is the primary focus of American tort law?

Liability for personal injuries and property damage.

What distinguishes tort actions from criminal prosecutions?

Tort actions are initiated by individuals seeking personal relief, whereas criminal prosecutions are brought by the state to protect the public.

What standard of proof is required in tort litigation?

The plaintiff must prove the case by a preponderance of the evidence.

What higher standard of proof is required in criminal cases?

Beyond a reasonable doubt.

Can conduct be both a tort and a crime?

Yes, the same conduct can constitute both.

In what situation might a consumer sue for both breach of contract and tort?

If injured by a defective product that does not meet its warranty.

What is meant by 'strict liability' in tort law?

Liability without fault, typically in cases involving defective products.

What is the primary question tort law seeks to resolve regarding past accidents?

Who was at fault?

What does tort law aim to minimize regarding future accidents?

The costs of future accidents by deterring harmful behaviors.

How does public policy influence tort law?

It balances predictable legal rules with encouraging economic growth and providing fairness in compensation.

What is negligence?

The failure to exercise reasonable care that creates an unreasonable risk of harm.

What are the three categories of tort liability?

Intentionally inflicted injury, failure to exercise reasonable care, and strict liability.

What constitutes intentionally inflicted injury?

Conduct done with purpose or knowledge that harm will result.

What is 'failure to exercise care' in tort law?

Negligence that results in harm due to lack of reasonable care.

What is the essential element for claiming negligence?

Actual harm must have occurred.

What is the proximate cause in relation to torts?

The legal cause or the primary source of the harm.

What does the 'but-for' test determine?

Whether the harm would have occurred 'but for' the defendant's actions.

What does 'res ipsa loquitur' mean?

The thing speaks for itself; an inference of negligence from the event itself.

What is the importance of 'capacity to consent' in torts?

Individuals must have the capacity to understand and agree to the conduct for consent to be valid.

What is a significant aspect of strict liability cases?

They often concern defects in products or the employer's liability for employees' actions.

What constitutes a successful action for battery?

Intentional, unconsented harmful or offensive touching of another.

What must be proved for an assault claim?

Intent to cause apprehension of imminent contact and apparent ability to do so.

What does the doctrine of 'negligent infliction of emotional distress' encompass?

Causing severe emotional distress through negligence.

What are the damages available for intentional torts?

Nominal, compensatory, and punitive damages.

What is a 'loss of consortium' claim?

A legal claim for loss of companionship and support due to injury to a spouse.

What are punitive damages intended for?

To punish and deter egregious conduct.

What distinguishes negligence per se from ordinary negligence?

Negligence per se involves a violation of a statute that automatically constitutes negligence.

What is comparative negligence?

A legal doctrine that reduces a plaintiff's damages based on their own fault.

What does the 'collateral source rule' state?

Plaintiff's recovery is not reduced because of benefits received from other sources.

When can a defendant be liable for punitive damages?

In cases of reprehensible conduct that deviates from accepted behavior.

What constitutes a battery?

Intentional, unconsented contact that causes harm or offense.

What are the essential elements of negligence?

Duty, breach, causation, and damages.

What is the role of expert testimony in negligence cases?

To establish the applicable standard of care in specialized professions.

What is the effect of a violation of a standard-setting statute on liability?

It may establish negligence per se, creating an automatic standard of care.

What is meant by 'constructive notice' in slip-and-fall cases?

The defendant could have discovered the dangerous condition through reasonable diligence.

What must a plaintiff prove to establish factual causation?

That the defendant's actions were a substantial factor in bringing the harm.

What are the differing treatments of negligence claims involving children?

Children are generally held to a standard appropriate for their age and experience.

How does the reasonable-person standard apply in negligence cases?

It reflects how a hypothetical reasonable person would act in similar circumstances.

What is the general standard of care for professionals?

The reasonable care expected of a member of that profession in good standing.

What does 'informed consent' imply in medical malpractice cases?

A patient's right to know material risks and alternatives to treatment.

What is 'educational malpractice'?

A claim against educational institutions for negligently providing education, typically not recognized by courts.

What is the rule regarding damages for the 'loss of a chance'?

Allows recovery for lost chances in medical malpractice cases.

What defenses may be raised in tort cases?

Consent, assumption of risk, and defense of necessity.

What must be established for 'respondeat superior' liability?

That the employee was acting within the scope of employment when the tort occurred.

What does the term 'general justification' refer to in tort law?

A broad concept recognizing contexts where conduct is acceptable despite being otherwise tortious.

What is the significance of damages in tort cases?

They aim to compensate the injured party for losses suffered.

What are the three types of damages commonly recovered in tort actions?

Economic, non-economic, and punitive damages.

How does the law treat claims of emotional distress?

They may be recoverable under intentional infliction or negligent infliction.

What remedies are available when evidence is lost or destroyed?

Spoliation can lead to sanctions or independent tort claims.

What is the role of legislative regulations in determining negligence?

They can provide standards that define reasonable conduct.

How does comparative fault impact negligence claims?

It assesses and reduces the plaintiff's damages based on their own fault.

In what circumstances might a parent be held liable for a child’s tort?

If the parent either participated in the tort or failed to supervise the child adequately.

What are elements essential for an intentional tort claim?

Intent, action violating a legal right, causation of harm, and damages.

What principle governs the location and timing of recapturing goods?

Fresh pursuit is required without unreasonable delay.

What defenses exist under the privilege of self-defense?

The use of reasonable force against an aggressor to prevent harm.