tort and maxims

Tort

A civil wrong leading to legal liability.

Damages

Monetary compensation awarded to the injured party.

Plaintiff

The person who brings a lawsuit.

Defendant

The person accused of committing the tort.

Negligence

Failure to exercise reasonable care, resulting in harm.

Strict Liability

Liability imposed without proof of negligence or fault.

Vicarious Liability

When one person is held responsible for the actions of another (e.g., employer for employee).

Nuisance

Unlawful interference with someone's use or enjoyment of property.

Defamation

False statements harming a person's reputation (includes libel and slander).

Trespass

Unlawful interference with another's person, land, or goods.

Battery

Intentional and unlawful physical contact.

Assault

Threat or attempt to harm another person.

False Imprisonment

Unlawful restriction of a person’s freedom of movement.

Conversion

Unauthorized use or possession of someone else's property.

Injunction

Court order to stop someone from doing a particular act.

Contributory Negligence

When the plaintiff's own negligence contributes to their injury.

Volenti Non Fit Injuria

A defense where the plaintiff consented to the risk of harm.

Remoteness of Damage

The harm must not be too far removed from the wrongful act.

Res Ipsa Loquitur

'The thing speaks for itself' (used when negligence is obvious).

Act of God

A natural event that cannot be foreseen or controlled, exempting liability.

Actio Personalis Moritur Cum Persona

A personal cause of action dies with the person.

Ubi Jus Ibi Remedium

Where there is a right, there is a remedy.

Damnum Sine Injuria

Damage without legal injury (not actionable).

Injuria Sine Damnum

Legal injury without actual damage (actionable).

Qui Facit Per Alium Facit Per Se

He who acts through another acts for himself (used in vicarious liability).

Respondeat Superior

A master is liable for the acts of their servant (employer’s liability).

Novus Actus Interveniens

A new intervening act breaking the chain of causation.

Ex Turpi Causa Non Oritur Actio

No action arises from an illegal act.

Caveat Emptor

Let the buyer beware (used in consumer law).

Caveat Venditor

Let the seller beware (modern consumer protection).

Nullum Crimen Sine Lege

No crime without law.

De Minimis Non Curat Lex

The law does not concern itself with trivial matters.

Falsus in Uno, Falsus in Omnibus

False in one thing, false in everything (applies in credibility of witnesses).

Sic Utere Tuo Ut Alienum Non Laedas

Use your property in a way that does not harm others.

Lex Talionis

The law of retaliation (eye for an eye, tooth for a tooth).

Nemo Debet Esse Judex in Propria Causa

No one should be a judge in their own case.

Audi Alteram Partem

Hear the other side (natural justice principle).

Ignorantia Juris Non Excusat

Ignorance of the law is no excuse.

Salus Populi Suprema Lex

The welfare of the people is the supreme law.

Stare Decisis

To stand by decisions (precedent in case law).