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Civil injury to persons property or reputation
Tort
How we expect people to behave toward each other
(AKA we all have a duty to act with reasonable care toward other people and their property)
Standard Care
Legal Liability
Liability
Plaintiffs try to find to sue defendant who has enough money to pay for damages (Ex, owners of a company/store) instead of one individual person.
Deep Pockets
Protection from suit (Parents of minor children or government officials)
Immunity
Percentage of damages awarded
Contingency Fee
Intent to injury/hurt
Intentional Torts
Failure to exercise reasonable care
Negligence
Consumer products and dangerous activities (animals, explosive, toxics, ect)
Strict Liability
To compensate financial loss resulting form the harmful act
Compensatory (Types of Damages)
Only for Defamation
Nominal (Types of Damages)
To punish for intentionally wrongful acts
Punitive (Types of Damages)
Torts that injure persons
Intentional Torts
Intentionally causing harmful or offensive contact with another person
Battery (Intentional Tort)
Intentionally putting someone in reasonable fear or immediate harmful or offensive contact
Assault (Intentional Tort)
Intentionally using outrageous words or actions meant to cause EXTREME fright, anxiety or emotional distress
Intentional Inflection or Emotional Distress (Intentional Tort)
Intentional and wrongful confinement of another person against his or her will.
False Imprisonment (Intentional Tort)
False statement communicated to a third party that causes harm to the plaintiff (Slander ; oral Libel ; written)
Defamation (Intentional Tort)
Land and items attached to it, such as buildings.
Real
Property that can be moved
Personal
Creations of a persons mind
Intellectual
Going onto another person’s real property without permission (Exception Attractive Nuisance)
Trespass (Injure Property)
Makes property owners liable to injured children, who have trespasses (Swimming pool, pong, trampoline, ect)
Attractive Nuisance
Unreasonable interference with use and enjoyment of property
Nuisance (Injure Property
Unlawful exercise of contorl over someone else’s property (e.g theft_
Conversion (Injure to Property)
Patents, Copyrights, Trademarks, Trade Secrets
Intellectual Property Infringement (Injure to Property)
Consent (Defense)
Minimal copying not for financial gain (only for copyright infringement)
Fair Use (Defense)
Use for reasonable force to protect oneself
Self-Defense (Defense)
Use of reasonable force to protect property.
Defense of Property (Defense)