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Tort
A private wrong committed by one person against another person or another person’s property
Tortfeasor
A person who commits a tort
Elements of Tort
the possession of certain rights by an innocent person
a violation of those rights by the tortfeasor
a resulting injury that somehow hurts the person whose rights were violated
Crime
Wrong committed against the public good (penalties are serious)
Penalties for torts
compensate the victim for injuries caused by the tortfeasor
pay damages
Intentional torts against people
An act that is intended to hurt, embarrass, or scare another person, or to damage another person’s property
Tort EX: assault
occurs when an individual threatens to harm an innocent person using words, gestures, or both
Tort EX: battery
occurs when someone deliberately touches another person or that person’s clothing against his or her wishes
False Imprisonment
occurs when someone deliberately touches another person or that person’s clothing against his or her wishes
Defamation
occurs when one person lies about another in a way that damages his or her reputation
Libel
lies about a person in a written, printed or recorded form
Slander
verbal or spoken lies
Invasion of Privacy
Citizens have the right to live without others intruding on their personal life or private records. Invasion of privacy occurs when someone violates this right
Intentional Infliction of Emotional Distress
occurs when one person purposely causes another person mental anguish
Trespass
interfering with someone’s real property. Real property is land
Conversion
interfering with a person’s right to personal property
Nuisance
anything that interferes with the enjoyment of property
Disparagement
consists of lies about objects
Negligence
a tort that results when a person carelessly injures another (an accidental tort)
Breach of Duty
did the defendant breach the duty by being careless
Duty of Care
did the defendant owe a duty of care
Proximate Cause
exists when the link between the negligent conduct and the injury is strong enough to be recognized by the law
Actual Harm
victim must actually suffer an injury, have property destroyed or lose a lot of money
Foreseeability Test
was the injury foreseeable at the time of the negligent conduct
Contributory Negligence
when the victim did something that helped cause his or her own injury
Comparative Negligence
when the negligence of the victim is compared to that of the defendant. A victim who is partially responsible may collect only partial damages
Assumption of Risk
occurs when the victim understood the risk involved in an activity and took the chance of being injured
strict liability
a legal doctrine that says that some activities are so dangerous that liability will always follow any injury that results from those activities