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Tort
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a civil wrong not arising from a breach of contract; a a breach of a legal duty that proximately causes harm or injury to another
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DamageS
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a monetary award sought as a remedy for a breach of contract or a tortious act
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Damage
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harm or injury to persons or property
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Compensatory Damages
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a money award equivalent to the actual value of injuries or damage sustained by the aggrieved party
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Special Damages
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an amount awarded to compensate the plaintiff for quantifiable monetary losses, such as medical expenses, property damage, and lost wages and benefits
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General Damages
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An amount awarded to compensate individuals for the non monetary aspects of the harm suffered, such as pain and suffering; not available to companies
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Punitive Damages
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(intentional) money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct
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legislative cap on damages
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limit the amount of damages, punitive and general
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two types of torts
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Intentional
Unintentional
Unintentional
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intentional tort
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a wrongful act knowingly committed
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assault
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any word or action intended to make another person fearful of immediate physical harm; a reasonably believable fear of harm
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battery
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the unprivileged, intentional touching of another
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False Imprisonment
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the intentional confinement or restraint of another person's activities without justification
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tort feasor
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One who commits a tort
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transferred intent
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A legal principle under which a person who intends to harm one individual, but unintentionally harms a different individual, can be liable to the second victim for an intentional tort
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Tort of intention infliction of emotional distress:
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involves an intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another
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Defamation: (statement of fact)
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any published or publicly spoken false statement that causes injury to another's good name, reputation or character
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Libel
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defamation in writing or in some other form (such as a digital recording) having the quality of permanence
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slander
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defamation in oral form
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statement of fact requirement
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Making a neg statement ab another person is not defamation unless the statement is false and represents something as a fact rather than a personal opinion
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public requirement
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Publication means that the defamatory statements are communicated (either intentionally or accidentally) to persons other than the defamed party
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slander per se
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slander involving false statements about sexual behavior, crimes, contagious diseases, and professional abilities
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privelege
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The ability to act contrary to another person's right without that person's having legal redress for such acts
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actual malice
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A condition that exists when a person makes a statement with either knowledge of its falsity or reckless disregard for the truth
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fraudulent misrepresentation
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Any misrepresentation, either by misstatement or omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment
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puffery
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a salesperson's exaggerated claims concerning the quality of goods offered for sale
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malicious prosecution
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If a party initiates a lawsuit out of malice and without a legitimate legal reason, and ends up losing the suit, that party can be sued for....
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abuse of process
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Abuse of process can apply to any person using a legal process against another in an improper manner or to accomplish a purpose for which the process was not designed
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Real Property
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land and things permanently attached to the land
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personal property
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consists of all other items, including cash and securities
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trespass to personal property
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the unlawful taking or harming of another's personal property
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licensee
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defined as a revocable right or privilege of a person to come on another person's land.
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conversion
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The wrongful taking, using, or retaining possession of personal property that belongs to another
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disparagement of property
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An economically injurious false statement made about another's product or property; a general term for torts that are more specifically referred to as slander of quality or slander of title.
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slander of quality (or trade libel)
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The publication of false information about another's product, alleging that it is not what its seller claims
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slander of title
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The publication of a statement that falsely denies or casts doubt on another's legal ownership of property, causing financial loss to that property's owner
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negligence
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The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances
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to succeed in negligence action, these must be proven
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duty, breach, causation, damages
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duty
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The defendant owed a duty of care to the plaintiff
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breach
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The defendant breached that duty.
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causation
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The defendant's breach caused the plaintiff's injury
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Damages (Negligence)
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The plaintiff suffered a legally recognizable injury.
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duty of care
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The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others.
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reasonable person standard
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The standard of behavior expected of a hypothetical "reasonable person"
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business invitees
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Those people, such as customers or clients, who are invited onto business premises by the owner of those premises for business purposes
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good samaritan statue
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A state statute that provides that persons who rescue or provide emergency services to others in peril—unless they do so recklessly, thus causing further harm— cannot be sued for negligence.
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dram shop act
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A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication
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assumption of risk
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A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger.
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superseding cause
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An intervening force or event that breaks the connection between a wrongful act and an injury to another
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Comparative Negligence
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A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party) on the basis of each person's proportionate negligence.
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Contributory Negligence
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A theory in tort law under which a complaining party's own negligence contributed to or caused his or her injuries.
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strict liability
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Liability regardless of fault
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privity of contract
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the relationship that exists between the promisor and the promisee of a contact
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design defects
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A product with a design defect is made in conformity with the manufacturer's design specifications, but the product results in injury to the user because the design itself was faulty
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market share liability
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: a theory under which liability is shared among all firms that a manufactured and distributed a particular product during a certain period of time
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strict liability applications
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also applies to injured bystanders, suppliers of component parts
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product misuse
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a defense against product liability that may be raised when the plaintiff used a product in a manner not intended by the manufacturer
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tolling
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Temporary suspension of the running of a prescribed period (such as a statute of limitations).
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statutes of response
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basically a statute of limitations that is not dependent on the happening of a cause of action
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crime
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A wrong against society proclaimed in a statute and punishable by society through fines and/or imprisonment—or, in some cases, death.
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preponderance of the evidence
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the plaintiff must convince the court that based on the evidence presented by both parties, it is more likely than not that the plaintiff's allegation is true.
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beyond a reasonable doubt
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The standard used to determine the guilt or innocence of a person criminally charged.
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felony
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a crime- such as arson, murder, rape, robbery- that carries the most severe sanctions, usually ranging from one year in a state or federal prison to the forfeiture of ones life
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misdemeanor
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A lesser crime than a felony, punishable by a fine or imprisonment for up to one year in other than a state or federal penitentiary
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petty offense
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The least serious kind of criminal offense, such as a traffic or building- code violation.
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Actus Reus
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guilty act
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Mens Rea
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criminal intent
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crime categories
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violent, property, public order, white collar, organized
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