tort laws

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20 Terms

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tort

A breach of a private duty imposed by the law

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intentional tort

often crimes

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prima facie tort negligence

voluntary act, breach of a duty of care, proximate, damage

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strict liability in torts

holds a party responsible for harm caused, regardless of intent or fault.

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false imprisonment

intentional wrongful confinement of another

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shopkeeper’s privlege

ability to detain a suspected shoplifter allows reasonable suspicion and a brief detention without liability for false imprisonment.

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slander

spoken defamation

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libel

written defamation

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absolute privilege

legal immunity that protects individuals from liability for defamatory statements made in certain contexts, such as during judicial proceedings or legislative debates, regardless of intent or truth.

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qualified privilege

legal protection allowing statements made in good faith, on matters of public interest, or in certain professional contexts, to be exempt from defamation claims, unless made with malice.

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product disparagement

Statement wrongful defaming another’s property interest

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trespass

Wrongful intrusion upon someone's property interest, whether real property or personal property

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Reps Ipsa Loquitor

the thing speaks for itself

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general damages

pain and sufferingsp

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special damages

loss of wages, property damage, medical bills

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contributory negligence

A defense in tort law where if the plaintiff is found to be partially at fault for their own injury, they may be barred from recovering any damages.

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comparative negligence

A system where the plaintiff’s damages are reduced in proportion to their degree of fault in causing the injury.

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assumption of risk

A defense in tort law where a plaintiff may be barred from recovering damages if they voluntarily and knowingly assumed the risks associated with a dangerous activity.

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sovereign immunity

A legal doctrine that prevents the government or its agencies from being sued without its consent.

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strict liability is in 3 areas

maintenance of hazardous conditions, harboring wild animals, product liability