Tort Law Flashcards

Flashcards for reviewing key vocabulary terms related to tort law.

Tort

A private or civil wrong where the injured person can sue for money damages.

Elements of a Tort

Duty, Breach of Duty, Injury, Causation

The Foreseeability Test

Would a reasonable person have foreseen the consequences of the harm done?

Converter

Someone who steals a person's property.

Defamation

False statements communicated to a 3rd party that cause harm via disrepute, contempt, or ridicule; can be slander (spoken) or libel (written).

Negligence

A tort involving a breach of duty to act with reasonable care, prudence, and judgment, resulting in injury.

Reasonable Person Standard

Acting with the care, prudence, and judgment of a good person.

Contributory Negligence

When the plaintiff's own negligence was a partial cause for the injury; plaintiff collects zero in states that follow this rule.

Comparative Negligence

The plaintiff can be partially at fault but still collect damages based on the percentage the defendant is at fault (followed in California).

Strict Liability

Liability exists even though the defendant is not negligent and the act was not intentional (e.g., defective goods, exotic animals).

Preponderance of Evidence

The standard of proof in a civil case (at least 51%).

Writ of Execution

What the plaintiff can do to enforce the judgement if the defendant doesn’t pay.

Assault

Tort that is a threat to do immediate injury

Injunction

A court order.

battery

Intentional breach of duty

Intentional torts

Torts for which defendant intended either the injury or the act

Standard of proof in a civil case

Preponderance of evidence (at least 51%)

Fraud

Intentional misrepresentation of an existing important fact

Damages

Monetary awards to the injured party to compensate for loss

Punitive damages

Additional damages awarded to punish the wrong doer

Subpoena

written order by the judge commanding a witness to appear in court to give testimony

Interference with contractual relations

enticing or encouraging a person to break a contract