Chapter 5

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19 Terms

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Tort
A civil wrong; a breach of a societal duty owed to another person that causes legally compensable harm to that person.
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Purpose of Tort Law
To provide a legal remedy for harm and/or breach of a legally protected right, usually in the form of damages.
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Compensatory Damages
Compensation for injury, which can be special (quantifiable) or general (assessed by the court).
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Punitive Damages
Damages intended to punish the conduct of the tortfeasor.
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Intentional Tort
A type of tort where the person deliberately engages in actions that cause harm.
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Assault
An intentional act that creates a reasonable apprehension of an imminent harmful or offensive contact.
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Battery
The intentional and unlawful physical contact with another person.
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Defamation
A false statement that injures a person's reputation.
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Trespass
Unlawful entry onto someone's land or personal property.
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Negligence
The failure to exercise the care that a reasonably prudent person would exercise in like circumstances.
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Duty of Care
The obligation to behave reasonably in situations to avoid harming others.
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Cause-in-Fact
A factual analysis answering the question 'but for' the tortious act, would the harm have occurred?
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Proximate Cause
Legal analysis determining if the harm was a foreseeable result of the action.
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Legally Compensable Damages
Damages that go beyond mere hurt feelings and can include economic and non-economic damages.
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Strict Liability
Liability that does not depend on actual negligence or intent to harm, often applied in cases involving abnormally dangerous activities.
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Product Liability
Legal responsibility of manufacturers and sellers for producing or selling unreasonably dangerous products that cause injury.
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Defective Condition at Sale
A product is considered defective if it is unreasonably dangerous at the time it is sold.
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Types of Product Defects
Include defects in manufacture, design, and warnings.
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Comparative Negligence
A legal doctrine by which damages are apportioned according to the degree of fault of each party involved.