Law 2150 - Torts and Negligence (Lecture Notes)

Vocabulary flashcards covering core torts concepts, negligence elements, defenses, and business torts from the lecture notes.

Tort

A civil (private) wrong, distinguished from a crime; can be intentional or unintentional.

Intentional Torts

Torts that occur when a person acts with intent to cause harm or with substantial certainty that harm will result.

Assault

An intentional act creating apprehension of imminent harmful or offensive contact.

Battery

Intentional harmful or offensive contact with another person.

False Imprisonment

Unlawful confinement or restraint of another’s freedom of movement.

Intentional Infliction of Emotional Distress (IIED)

Outrageous conduct intentionally or recklessly causing severe emotional distress.

Defamation (libel & slander)

A false statement that harms a person’s reputation; libel = written, slander = spoken.

Invasion of Privacy

Interference with personal rights: appropriation, intrusion, false light, or public disclosure of private facts.

Fraud / Misrepresentation

Intentional false statement or concealment causing another to rely and suffer damages.

Trespass to Land

Unauthorized entry onto another’s real property.

Trespass to Chattels

Interference with another’s personal property.

Conversion

Serious interference with another’s property rights, warranting full or partial loss of value.

Negligence

Unintentional tort arising from breach of a duty of care causing harm.

General Negligence

Failure to exercise reasonable care.

Professional Negligence (Malpractice)

Negligence by professionals in their field due to lack of reasonable care.

Negligence Per se

Negligence by violation of a safety statute.

Premises Liability

Liability for dangerous conditions on property leading to injury (slip-and-fall).

Negligent Infliction of Emotional Distress (NIED)

Causing emotional distress through negligent conduct.

Product Liability (negligence-based)

Liability for damages caused by defective products due to negligence.

Car Accidents (negligence)

Liability arising from careless driving causing injuries.

Strict Liability Torts

Liability without fault; not based on intent or negligence.

Abnormally Dangerous Activities

Activities with high risk of serious harm (e.g., blasting) that incur strict liability.

Wild Animal Ownership

Liability for injuries caused by ownership of wild animals.

Product Liability (strict liability)

Liability for defective products regardless of fault when strict liability applies.

Duty of Care

A legal obligation to conform to a standard of conduct to protect others from unreasonable risk.

Breach of Duty

Failure to meet the standard of care applicable to the situation.

Proximate Cause

The direct link between the wrongful act and the resulting injury; foreseeability matters.

Actual Injury or Damage

Harm or loss suffered by the plaintiff due to the defendant’s act.

Legal Duty

Duty arising from statutes, contracts, or common law, protecting plaintiff interests.

Zone of Hazard

Area where duty of care extends to all within danger due to the defendant’s act.

Foreseeability (Duty Extension)

Duty may extend to unforeseeable plaintiffs if harm was foreseeable within the zone of danger.

Moral Obligation vs Legal Duty

Moral duty is not the same as a legal duty; voluntary undertakings can create a legal duty to act with reasonable care.

Good Samaritan Laws

Legal protection for voluntary acts of aid in emergencies, varying by jurisdiction.

Reasonable Person Standard

Objective benchmark used to judge conduct; not influenced by personal judgments.

Disability & Mental Incapacity Adjustments

Standards may vary for persons with disabilities or mental incapacity.

Intoxication Standard

Intoxicated individuals are held to the same standard as sober individuals in many cases.

Professional Standard (Local Community)

The skill and knowledge expected of reasonably competent professionals in the local community.

Reasonable Care in Professional Negligence

Professionals must exercise reasonable care; errors in judgment aren’t always negligent if care was reasonable.

Common Carriers/Dangerous Materials Duty

Certain roles require the utmost degree of care due to risk, such as carriers and hazardous materials handlers.

But-For Rule

Proximate cause standard: but-for the defendant’s action, the plaintiff would not have been injured.

Substantial Factor Rule

When multiple factors contribute, each may be a proximate cause if a substantial factor.

Foreseeability Rule (Proximate Cause)

Harm must be a natural and probable consequence of the act and reasonably foreseeable.

Intervening Act

An independent act that can break the chain of causation if unforeseeable or not connected to the original act.

Concurrent (Concurrence) Causation

Two or more defendants each liable for the entire harm.

Res Ipsa Loquitur

The thing speaks for itself; negligence inferred when the accident wouldn’t happen without fault and the instrumentality was under defendant’s control.

Exclusive Control

Key concept in res ipsa; the instrument causing harm was under the defendant’s exclusive control.

Wantonness

Conduct beyond ordinary negligence but short of intentional harm; conscious disregard of known risks.

Conscious Knowledge of Danger

Awareness of risk coupled with disregard for it.

Reckless Disregard of Consequences

Acting with disregard for the safety of others despite awareness of risks.

Likelihood of Injury

Probability that injuries will occur due to the conduct.

Examples of Wanton Conduct

Activities showing reckless disregard, e.g., speeding wildly in a school zone, operating intoxicated, ignoring dangerous product defects.

Heightened Standard of Proof

More stringent burden of proof in wanton conduct cases (e.g., clear and convincing).

Punitive Damages

Damages intended to punish especially reckless or wanton conduct.

Summary of General Torts

Negligence = carelessness; wantonness = reckless disregard; intentional tort = purposeful harm.

Comparative Negligence

Defenses reducing plaintiff’s damages by their percentage of fault.

Pure Comparative Negligence

Plaintiff may recover even if majority at fault; fault reduced proportionally.

Modified Comparative Negligence

Plaintiff recovers only if fault is below a threshold (often 50% or similar).

Assumption of Risk

Plaintiff knowingly and voluntarily accepts the risk; express via waiver or implied by conduct.

Express Assumption of Risk

A written waiver releasing the defendant from liability.

Implied Assumption of Risk

Risk assumed by voluntary action without written agreement.

No Duty Defense

Argues the defendant owed no legal duty to patient or plaintiff.

Lack of Causation Defense

Argues the defendant’s acts were not the actual or proximate cause of injury.

Pre-Existing Condition Defense

Injuries caused by a pre-existing condition; defendant may still be liable for aggravation.

Statute of Limitations

Time limit within which a lawsuit must be filed; otherwise dismissed.

Failure to Mitigate Damages

Defendant argues plaintiff did not take reasonable steps to minimize losses.

Sudden Emergency Defense

Reasonable actions in reaction to an unforeseen emergency; may be challenged on foreseeability or reasonableness.

Business Torts

Wrongful interference with another’s business rights; includes contractual and relational interference.

Wrongful Interference with a Contractual Relationship

Third party induces a contract breach by one of the contract parties.

Elements of Wrongful Interference with Contract

Valid contract; third party knowledge of contract; intentional inducement to breach.

Wrongful Interference with a Business Relationship

Unreasonable interference with another’s business relationships to gain market advantage.

Predatory Behavior

Unlawful attempts to drive competitors out of the market through unfair means.

Defenses to Wrongful Interference

Bonafide competitive behavior (e.g., marketing) allowed; not generally prohibited.