Introduction to Tort Law

Flashcards covering key concepts and definitions related to tort law.

What does tort law refer to?

Tort law refers to any harm or injury caused by one person to another, excluding breaches of contract.

What is the main goal of tort law?

The main goal of tort law is to provide compensation for injuries resulting from the wrongful acts of others.

What types of damages are included under tort law?

Personal injuries, property damage, reputational damage, and injury to honor.

What is trespass to land?

Trespass to land is the wrongful interference with another's rightful possession of land.

How is negligence defined in tort law?

Negligence is the failure to uphold a standard of care that causes losses, without intent to harm.

What distinguishes tort law from criminal law?

Tort law aims to compensate victims, while criminal law aims to punish offenders.

What is the burden of proof in a civil action?

The plaintiff must prove that it is more likely than not that the defendant committed the tort.

What is primary vs. vicarious liability?

Primary liability is direct responsibility for wrongful actions; vicarious liability is responsibility an employer has for the torts of an employee.

What does contributory negligence mean?

Contributory negligence is a defense claiming that the plaintiff is partially responsible for their own harm.

What are pecuniary and non-pecuniary damages?

Pecuniary damages compensate for out-of-pocket expenses and income loss; non-pecuniary damages compensate for pain, suffering, and emotional distress.