TORTS Master Course Outline

These flashcards cover essential vocabulary and concepts related to tort law, as outlined in the course lecture notes.

Tort Law

A branch of law that deals with civil wrongs and injuries that do not arise from contractual obligations.

Negligence

A tort that involves a breach of a legal duty to take care, resulting in damage or injury to another.

Duty of Care

A legal obligation to ensure the safety or well-being of others, typically arising in tort law.

Misfeasance

An act that, while lawful, is performed improperly or negligently, causing harm.

Nonfeasance

A failure to act when there is a duty to do so, which does not involve a deliberately wrongful act.

Actionable Damage

The harm or injury sufficiently serious to warrant a legal claim in tort.

Corrective Justice

A concept in tort law that focuses on ensuring that the party that caused harm compensates the victim.

Distributive Justice

The ethical principle of distributing rights and resources fairly among members of society.

Vicarious Liability

Legal responsibility of an employer for the negligent actions of an employee performed in the course of their employment.

Caparo Test

A three-stage test used to establish whether a duty of care is owed in cases of negligence.

Omissions Liability

Liability that may arise from the failure to act in situations where a duty exists, typically requiring a special relationship.

Special Relationship

A connection between parties that generates a duty of care, such as between doctor and patient or parent and child.

Third-Party Liability

Legal responsibility for the actions of another individual, particularly when a special relationship exists.

Public Authority Liability

A specific area in tort law where public bodies may be held liable for negligence, typically focusing on omissions.

Tortfeasor

An individual or entity that commits a tort.

Restitution

Restoring the injured party to the original position before the harm occurred, typically through compensation.

Correlative Obligation

An obligation that corresponds with a right, especially in tort law, where one party's duty is linked to another's rights.