tort and maxims

  1. Tort – A civil wrong leading to legal liability.

  2. Damages – Monetary compensation awarded to the injured party.

  3. Plaintiff – The person who brings a lawsuit.

  4. Defendant – The person accused of committing the tort.

  5. Negligence – Failure to exercise reasonable care, resulting in harm.

  6. Strict Liability – Liability imposed without proof of negligence or fault.

  7. Vicarious Liability – When one person is held responsible for the actions of another (e.g., employer for employee).

  8. Nuisance – Unlawful interference with someone's use or enjoyment of property.

  9. Defamation – False statements harming a person's reputation (includes libel and slander).

  10. Trespass – Unlawful interference with another's person, land, or goods.

  11. Battery – Intentional and unlawful physical contact.

  12. Assault – Threat or attempt to harm another person.

  13. False Imprisonment – Unlawful restriction of a person’s freedom of movement.

  14. Conversion – Unauthorized use or possession of someone else's property.

  15. Injunction – Court order to stop someone from doing a particular act.

  16. Contributory Negligence – When the plaintiff's own negligence contributes to their injury.

  17. Volenti Non Fit Injuria – A defense where the plaintiff consented to the risk of harm.

  18. Remoteness of Damage – The harm must not be too far removed from the wrongful act.

  19. Res Ipsa Loquitur – "The thing speaks for itself" (used when negligence is obvious).

  20. Act of God – A natural event that cannot be foreseen or controlled, exempting liability.


B. Latin Maxims in Tort Law

  1. Actio Personalis Moritur Cum Persona – A personal cause of action dies with the person.

  2. Ubi Jus Ibi Remedium – Where there is a right, there is a remedy.

  3. Damnum Sine Injuria – Damage without legal injury (not actionable).

  4. Injuria Sine Damnum – Legal injury without actual damage (actionable).

  5. Qui Facit Per Alium Facit Per Se – He who acts through another acts for himself (used in vicarious liability).

  6. Respondeat Superior – A master is liable for the acts of their servant (employer’s liability).

  7. Novus Actus Interveniens – A new intervening act breaking the chain of causation.

  8. Ex Turpi Causa Non Oritur Actio – No action arises from an illegal act.

  9. Caveat Emptor – Let the buyer beware (used in consumer law).

  10. Caveat Venditor – Let the seller beware (modern consumer protection).

  11. Nullum Crimen Sine Lege – No crime without law.

  12. De Minimis Non Curat Lex – The law does not concern itself with trivial matters.

  13. Falsus in Uno, Falsus in Omnibus – False in one thing, false in everything (applies in credibility of witnesses).

  14. Sic Utere Tuo Ut Alienum Non Laedas – Use your property in a way that does not harm others.

  15. Lex Talionis – The law of retaliation (eye for an eye, tooth for a tooth).

  16. Nemo Debet Esse Judex in Propria Causa – No one should be a judge in their own case.

  17. Audi Alteram Partem – Hear the other side (natural justice principle).

  18. Ignorantia Juris Non Excusat – Ignorance of the law is no excuse.

  19. Salus Populi Suprema Lex – The welfare of the people is the supreme law.

  20. Stare Decisis – To stand by decisions (precedent in case law).

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