BLAW 3310 Tort Law
Flashcard 1
Q: What is a tort?
A: A civil wrong aimed at compensating victims, not punishing wrongdoers.
Flashcard 2
Q: What is the eggshell plaintiff rule?
A: A rule holding the defendant responsible for all injuries, even if the plaintiff had pre-existing conditions.
Flashcard 3
Q: What are the key elements of negligence?
A: Duty, breach, causation, and damages.
Flashcard 4
Q: What is the "reasonable person standard"?
A: A test to see if a defendant acted like a careful person would.
Flashcard 5
Q: What is the "but-for" test?
A: It checks if the harm would not have happened "but for" the defendant's actions.
Flashcard 6
Q: What does strict liability mean?
A: Being responsible for harm without needing to prove fault, especially in dangerous activities.
Flashcard 7
Q: What is res ipsa loquitur?
A: A rule that lets the court assume negligence based on how the accident happened.
Flashcard 8
Q: What is assumption of risk?
A: A defense where the plaintiff knew the risks and agreed to participate anyway.
Flashcard 9
Q: What are damages in tort law?
A: Money awarded to restore a plaintiff after harm.
Flashcard 10
Q: What is comparative negligence?
A: A rule that reduces the plaintiff’s recovery based on their own fault.
Flashcard 11
Q: What are intentional torts?
A: Wrongdoings where the defendant intentionally causes harm.
Flashcard 12
Q: What is the difference between libel and slander?
A: Libel is written defamation; slander is spoken defamation.
Flashcard 13
Q: What is strict liability in product cases?
A: Holding manufacturers responsible for dangerous products, no matter what.
Flashcard 14
Q: What are business torts?
A: Wrongdoings that happen in a business context, often involving contracts.
Flashcard 15
Q: What is fraud?
A: Intentional deception that leads to harm.
Flashcard 16
Q: What is negligent misrepresentation?
A: False statements made carelessly, causing harm.
Flashcard 17
Q: What is interference with contractual relations?
A: Wrongfully disrupting someone else's contract.
Flashcard 18
Q: What is slander of title?
A: False claims about property ownership that harm the owner.
Flashcard 19
Q: What is invasion of privacy?
A: Wrongfully disclosing private information about someone.