Tort Law

What is the relationship between injury and compensation in tort law?

,"There is a direct relationship: tort law provides remedies for those who suffer harm."

Name five protected interests under tort law.

,"1. Physical security, 2. Freedom of movement, 3. Property, 4. Privacy, 5. Reputation"

What are the two main types of damages in tort law?,

"1. Compensatory damages, 2. Punitive damages"

What are compensatory damages?

"Damages intended to compensate the plaintiff for actual losses, such as medic

What are punitive damages?

,"Damages intended to punish the defendant for reprehensible conduct and deter others from engaging in similar conduct."

How is a tort different from a crime?,"

A tort is a wrongful act causing injury to an individual, while a crime is a wrongful act against society."

What is the key difference between an intentional tort and a negligent act?,

"An intentional tort requires intent to commit the act, while a negligent act is caused by a failure to act with reasonable care without intent."

Define assault in the context of an intentional tort.,

"Assault is an act that creates an apprehension of immediate harmful or offensive contact, even without actual physical touching."

Define battery in the context of an intentional tort.,

"Battery is an unconsented, harmful, or offensive physical contact with another person."

What are some defenses to an action for battery?

,"1. Consent, 2. Self-defense (reasonable force), 3. Defense of others (real or apparent danger), 4. Defense of property (reasonable force, not deadly)"

What is false imprisonment?,

"The confinement or restraint of another person’s activities without justification."

What is the Shopkeeper’s Rule?,

"It is the privilege of merchants to detain suspected shoplifters if there is probable cause, using reasonable force, and for a reasonable time."

Define intentional infliction of emotional distress

.,"Extreme and outrageous conduct that intentionally causes severe emotional distress to another."

What is defamation?,"

The act of wrongfully hurting another person’s reputation by making false statements of fact about them."

What are the two types of defamation?,

"1. Libel: Written or published false statements, 2. Slander: Spoken false statements."

What are the defenses to defamation?,

"1. Truth, 2. Privileged communications, 3. Public figure with no actual malice."

What is invasion of privacy?

,"Violation of a person’s right to solitude and privacy, including intrusion, public disclosure of private facts, false light, and appropriation of identity."

What is fraudulent misrepresentation?

,"Intentional deceit of a material fact for personal gain, requiring intent to deceive, justifiable reliance by the victim, and damages."

What is the difference between trespass to land and trespass to personal property?

,"Trespass to land involves entering someone’s land without permission, while trespass to personal property involves harming or interfering with another’s personal property."

What is conversion in tort law?

,"The civil equivalent of theft, depriving someone of the use of their personal property without permission."

What is negligence in tort law?

,"Negligence is the failure to act with reasonable care, causing harm to another without intending to do so."

What are the four elements of negligence that must be proven?,

"1. Duty of care, 2. Breach of duty, 3. Causation (both proximate and factual), 4. Damages."

What is the "reasonable person standard"?

"A legal standard used to evaluate whether a person acted as a reasonably prudent person

What are some defenses to negligence claims?,

"1. Assumption of risk, 2. Superseding cause, 3. Contributory negligence, 4. Comparative negligence."

What is the doctrine of res ipsa loquitur?,

"Negligence is presumed when the event would not normally occur in the absence of negligence."

What is strict liability?

,"Liability imposed regardless of fault for activities that create high risk of harm, such as ultrahazardous activities."

Define ultra-hazardous activity.,

"An activity that inherently involves a high risk of serious harm, which cannot be made safe using reasonable care."

What is the purpose of punitive damages in tort law?,

"To punish the defendant for egregious conduct and deter similar actions in the future."

How is liability different under strict liability compared to negligence?

,"In strict liability, the defendant is held liable regardless of fault or intent."

What is the significance of the Palsgraf v. Long Island Railroad case?,

"It established the concept of proximate cause, requiring harm to be foreseeable to impose liability."