Tort Law Overview

These flashcards cover key concepts related to Tort Law including types of torts, legal principles, defenses, and key terms.

What is Tort Law?

A fundamental aspect of business law that addresses civil wrongs resulting in harm or injury to an individual or entity.

What are the three primary categories of torts?

Intentional torts, negligence, and strict liability.

What defines an intentional tort?

Actions taken with deliberate intent to harm another individual.

What is negligence in tort law?

Failure to exercise reasonable care, leading to unintentional harm.

What does strict liability mean in tort law?

Liability for damages regardless of intent or negligence, often applied in defective product cases.

What are the four key elements of negligence?

Duty of care, breach of duty, causation, and damages.

Define 'Duty of Care' in tort law.

The legal obligation to avoid causing harm to others.

What is 'Breach of Duty'?

Failure to meet the standard of care required in a given situation.

What is 'Proximate Cause'?

The direct link between a breach of duty and the harm suffered.

What are compensatory damages?

Compensation awarded to restore a victim to their original position prior to the harm.

What is the difference between compensatory and punitive damages?

Compensatory damages aim to reimburse the victim for actual losses, while punitive damages punish the wrongdoer.

What is 'Comparative Negligence'?

A legal principle that reduces the plaintiff’s compensation based on their own fault.

What is 'Assumption of Risk'?

A defense claiming that the plaintiff knowingly engaged in an activity that posed risks.

What is defamation in tort law?

False statements that harm a person's reputation.

Provide an example of intentional tort.

Assault, battery, or defamation.

What is the significance of 'Transferred Intent'?

Liability extends if intent to harm one person results in harm to another.

What is the main purpose of tort law?

To compensate victims for harm and to deter wrongful behavior.

Tort law addresses civil wrongs resulting in harm or injury to an individual or entity known as __.

Tort Law.

The three primary categories of torts are __, __, and __.

Intentional torts, negligence, strict liability.

The legal obligation to avoid causing harm to others is defined as __.

Duty of Care.

The principle that reduces the plaintiff’s compensation based on their own fault is called __.

Comparative Negligence.

Compensatory damages aim to reimburse the victim for losses, while punitive damages punish the .

actual; wrongdoer.

A person intentionally hits another person during an argument.

Intentional tort.

A driver runs a red light and collides with another vehicle, causing injuries.

Negligence.

A manufacturer sells a defective product that causes injury to a consumer.

Strict liability.

A person spreads false rumors about a colleague, damaging their reputation.

Intentional tort.

A tenant fails to maintain the property, leading to injuries for visitors.

Negligence.