Tort Law Basics: Duties, Breach, Damages, and Defenses

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Vocabulary flashcards covering key tort law concepts from the video notes.

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9 Terms

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Tort Law

The area of law that deals with civil wrongs that cause harm and allow the injured party to sue for damages.

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Duty

An obligation not to commit wrongs toward others; duties arise from what you should not do (e.g., not harm others, not steal, meet a standard of decency at work).

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Breach of Duty

When you do something you shouldn’t have done, violating your duty.

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Damages

The harm or loss resulting from a breach (e.g., medical bills and lost wages); not every claimed amount is recoverable.

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Causation

The link between the breach and the damages; some harms may not be caused by the breach.

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Remoteness

The concept that some damages are too remote to be legally connected to the breach (not recoverable).

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Consent (Defense)

A defense where the injured party consented to the act; for example, if the person begged you to punch them, liability may be barred.

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Standard of Care

The level of conduct expected in fulfilling duties; described as the standard of a decent person when performing your job.

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Property Damage

Damage to property (e.g., a car) that may or may not be caused by the breach; the law assesses whether the breach caused the damage.