Chpt. 3 - Tort Law

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28 Terms

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Tort

A private wrong committed by one person against another person or another person’s property

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Tortfeasor

A person who commits a tort

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Elements of Tort

  1. the possession of certain rights by an innocent person

  2. a violation of those rights by the tortfeasor

  3. a resulting injury that somehow hurts the person whose rights were violated

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Crime

Wrong committed against the public good (penalties are serious)

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Penalties for torts

  1. compensate the victim for injuries caused by the tortfeasor

  2. pay damages

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Intentional torts against people

An act that is intended to hurt, embarrass, or scare another person, or to damage another person’s property

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Tort EX: assault

occurs when an individual threatens to harm an innocent person using words, gestures, or both

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Tort EX: battery

occurs when someone deliberately touches another person or that person’s clothing against his or her wishes

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False Imprisonment

occurs when someone deliberately touches another person or that person’s clothing against his or her wishes

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Defamation

occurs when one person lies about another in a way that damages his or her reputation

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Libel

lies about a person in a written, printed or recorded form

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Slander

verbal or spoken lies

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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

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Intentional Infliction of Emotional Distress

occurs when one person purposely causes another person mental anguish

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Trespass

interfering with someone’s real property. Real property is land

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Conversion

interfering with a person’s right to personal property

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Nuisance

anything that interferes with the enjoyment of property

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Disparagement

consists of lies about objects

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Negligence

a tort that results when a person carelessly injures another (an accidental tort)

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Breach of Duty

did the defendant breach the duty by being careless

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Duty of Care

did the defendant owe a duty of care

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Proximate Cause

exists when the link between the negligent conduct and the injury is strong enough to be recognized by the law

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Actual Harm

victim must actually suffer an injury, have property destroyed or lose a lot of money

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Foreseeability Test

was the injury foreseeable at the time of the negligent conduct

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Contributory Negligence

when the victim did something that helped cause his or her own injury

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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

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Assumption of Risk

 occurs when the victim understood the risk involved in an activity and took the chance of being injured

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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