Tort Law Concepts and Cases

Flashcards covering key concepts, definitions, and significant cases related to tort law.

What is a tort?

A wrong recognized by law as grounds for a lawsuit.

Define intentional torts.

Acts committed with the intent to cause harm or offense.

What is negligence?

Causing harm by failing to act with reasonable care.

What does 'duty of care' mean?

The legal obligation to avoid causing harm to others.

What is the standard of care in negligence cases?

The standard of a reasonably prudent person under similar circumstances.

Explain 'breach of duty'.

Failure to meet the standard of care owed to a person.

What does 'causation' refer to in tort law?

The link between the defendant's actions and the harm caused.

What is the 'reasonable person' standard?

A legal standard to measure how an average person would act.

What is 'res ipsa loquitur'?

A doctrine that infers negligence from the very nature of the accident.

What are compensatory damages?

Damages intended to restore the injured party to their original position.

What are punitive damages?

Damages awarded to punish the defendant for egregious behavior.

What is 'contributory negligence'?

A defense that claims the plaintiff contributed to their own harm.

Describe the 'comparative negligence' standard.

A standard that reduces the plaintiff's recovery by their percentage of fault.

What is 'vicarious liability'?

A legal doctrine holding an employer or principal liable for the negligent acts of an employee or agent.

Explain 'strict liability'.

Liability without the need to prove negligence or fault.

What is 'transferred intent'?

When a defendant intends to harm one individual but unintentionally harms another.

Define 'battery' in tort law.

Intentional and unlawful physical contact with another person.

What constitutes 'assault'?

An act that creates a reasonable apprehension of imminent harmful or offensive contact.

What is 'false imprisonment'?

Intentional confinement of a person without lawful justification.

Define 'trespass to land'.

Unlawful entry onto someone else's property.

What is 'negligence per se'?

A legal doctrine that infers negligence from a person’s violation of a statute.

What is a 'prima facie case' in tort law?

The establishment of a legally required rebuttable presumption.

Explain 'intentional infliction of emotional distress'.

Conduct that is outrageous and causes severe emotional trauma.

What role do judges play in tort cases?

Judges interpret the law and resolve legal issues; their decisions can vary.

What is the significance of 'duty' in tort law?

It defines the scope of responsibility a party has to prevent harm to others.

How is 'negligent infliction of emotional distress' different from IIED?

It usually involves a breach of duty leading to emotional distress, rather than outrageous conduct.

What does 'assumption of risk' mean?

A defense where the plaintiff knowingly exposed themselves to danger.

Explain the doctrine of 'public necessity'.

The legal justification for harm done to private property to prevent greater harm.

What is 'defense of others'?

The legal privilege to protect another person from harm.

Define 'consent' in the context of tort law.

An affirmative agreement to a course of conduct, which can negate liability.

What does 'qualified immunity' protect?

Government officials from liability unless their actions violate clearly established laws.

Describe the key factors in evaluating negligence cases.

Circumstances surrounding the action, foreseeability, and the behavior of the defendant.

What are the key elements to establish a negligence claim?

Duty, breach, causation, and damages.

What is the significance of 'proximate cause'?

It limits liability to the harms that arise as a foreseeable result of the defendant's actions.

How is tort law related to public policy?

Tort law balances individual rights against social welfare and public interests.

What case established the principles of 'res ipsa loquitur'?

Byrne v. Boadle concerning a barrel of flour falling.

What is the 'Hand Formula'?

A mathematical formula for determining negligence liability based on burden vs. the probability of harm and the severity of the potential injury.

How does the 'Rule of Capture' relate to property law?

It allows landowners to capture resources like oil and gas from their land without liability, provided there’s no physical trespass.

What is 'trespass to chattels'?

Interfering with someone else's personal property without permission.

What is 'conversion' in tort law?

An intentional act that deprives an owner of their property.

What does 'emotional distress' entail in tort claims?

Injury caused by extreme and outrageous conduct resulting in significant emotional pain.

What is 'double jeopardy' in tort law?

The principle that a person cannot be tried for the same offense twice under civil or criminal law.

How do courts decide on damages in tort cases?

Based on the severity of the injury and the evidence presented during the trial.

What is 'loss of chance' in medical malpractice cases?

A legal theory allowing recovery when a medical professional's negligence reduces a patient's chances of a favorable outcome.

In tort law, what is meant by the term 'foreseeability'?

The ability to predict the potential risks and harms that could result from actions taken.