Tort Law Flashcards

Flashcards for reviewing key concepts in tort law.

Tort

A civil wrong, other than a breach of contract, for which the law provides a remedy

Negligence

Others' unintentional but legally careless conduct

Gross negligence

Willful disregard for safety

Duty of care

The wrongdoer owed a legal duty of care to the injured party.

Omission

Failure to act

Reasonable person

The standard which one must observe to avoid liability for negligence

Causation

To prove negligence in a tort case, the plaintiff must show this

Res Ipsa Loquitur

Speaks for itself. If the facts strongly suggest negligence, the court can presume negligence without direct evidence

Negligent misrepresentation

(1) false info, (2) reasonable reliance, and (3) resulting economic harm.

Actual cause

The injury would not have occurred but for the conduct of the party accused of committing a tort.

Proximate cause

Limits liability to consequences that are reasonably foreseeable

Substantial factor test

A jury may hold a defendant liable in tort if it finds that defendant's conduct was a major cause of the injury in question.

Danger-invites-rescue doctrine

A tortfeasor who is liable for endangering a person is also liable for injuries to someone who reasonably attempted to rescue the person in danger.

Intervening/superseding clause

If the link between the defendant's act and resulting harm is broken by an intervening act, which was unforeseeable under the circumstances, the defendant will likely not be liable.

Assumption of Risk

A person who knowingly and voluntarily accepts a risk cannot later claim damages if that risk leads to injury.

Liability waiver/exculpatory clause

The plaintiff promised not to sue in case of injury.

Contributory negligence

If a plaintiff contributes to his damages, he will be barred from all recovery

Comparative Negligence

This rule reduces or eliminates damages based on the plaintiff’s share of fault

Intentional torts

Intentional acts that harm legally protected interests (vs. unintentional or negligent acts)

Tortfeasors

Persons who commit torts

Assault

Intentional conduct directed at a person that places the person in fear of immediate bodily harm or offensive contact

Battery

An unlawful touching, which is intentional physical contact without consent.

False imprisonment

Unlawful and intentional confinement of a person without legal justification

Emotional distress

Conduct so outrageous that it creates severe mental distress in a person

Invasion of privacy

A person's right to solitude and to be free from unwarranted public exposure.

Defamation

A false statement that harms a person’s reputation (libel and slander)

Absolute privilege

Complete immunity, e.g., legislative or judicial contexts.

Qualified/Conditional privilege

Applies when statements are made in good faith for a legitimate reason.

Constitutional privilege

Applies to the press regarding public figures, unless done with actual malice.

Trespass to land

An unauthorized intrusion by a person or a thing on land belonging to another

Private nuisance

An activity that interferes with the use and enjoyment of someone's land

Public nuisance

An interference with a right held in common by the general public

Trespass to personal property

The interference with possession of personal property of another without consent

Conversion

An intentional and unlawful control of the personal property of another (worse than trespass to personal property)

Misappropriation

An unauthorized taking of another's property that denies the rightful owner the full use and benefit of the property

Premises liability

When the owner responsible for maintaining certain property fails to provide adequate safety for visitors to the property against criminal attacks or accidents