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Tort Law
45 flashcards
A tort is a civil wrong that causes injury or harm and allows the injured party to seek compensation from the party that caused the harm.
The four main elements are: 1) Duty of care, 2) Breach of duty, 3) Causation, and 4) Damages or injury.
The duty of care is the legal obligation to exercise a reasonable standard of care so as not to cause foreseeable harm to others.
A breach of duty occurs when the defendant fails to meet the required standard of care, through action or inaction.
The two types are: 1) Cause in fact and 2) Proximate cause. Both must be established to prove causation.
Contributory negligence refers to the injured party's own negligence that contributed to the harm or injury, which may reduce or bar recovery.
The eggshell skull rule states that the defendant must take the plaintiff as they find them, even if they are unusually susceptible to injury.
Gross negligence is a higher degree of negligence that shows a reckless disregard for the safety of others, more serious than ordinary negligence.
Strict liability imposes legal accountability on defendants without the usual negligence requirements, often applied in product liability or abnormally dangerous activities.
The economic loss doctrine bars recovery in tort for purely economic losses unless accompanied by personal injury or property damage.
The last clear chance doctrine allows the plaintiff to recover if the defendant had a last clear opportunity to avoid the harm but failed to do so.
Intentional torts are civil wrongs that arise from intentional acts, such as assault, battery, false imprisonment, trespass, and defamation.
Negligence requires proof of duty, breach, causation, and damages. Strict liability does not require proof of fault, only that the defendant engaged in the liable conduct.
Vicarious liability is a situation where one party is held liable for the negligent acts or omissions of another party, such as an employer being liable for actions of an employee.
The thin skull rule states that the defendant takes the plaintiff as they find them, even if the plaintiff had a pre-existing condition that made them more susceptible to injury.
The attractive nuisance doctrine imposes liability on property owners for injuries to child trespassers caused by artificial hazards that could attract children.
Common defenses include contributory/comparative negligence, assumption of risk, necessity, self-defense, statute of limitations, and immunity doctrines.
The rescue doctrine allows someone injured while attempting to rescue someone else from peril to recover damages from the party that created the peril.
Punitive damages are monetary damages awarded in addition to compensatory damages as a way to punish willful, wanton, or malicious conduct by the defendant.
Assault is an intentional act that causes apprehension of harmful or offensive contact. Battery is an intentional act that causes harmful or offensive contact.
Negligent misrepresentation occurs when one party negligently provides false information to another party who reasonably relies on it and suffers injury as a result.
The sudden emergency doctrine excuses a party from liability if they failed to exercise reasonable care due to a sudden and unexpected situation not of their own making.
Loss of consortium allows a spouse to recover damages for loss of companionship, affection, and services from their partner due to injuries caused by a third party.
Common defenses include self-defense, consent, defense of others, necessity, protection of property, and privilege (e.g. free speech for defamation claims).
Economic damages are monetary compensation for financial losses like medical expenses, lost wages, and property damage directly resulting from the defendant's actions.
Non-economic damages compensate for non-monetary harms like pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
Res ipsa loquitur ('the thing speaks for itself') allows negligence to be inferred from the circumstances surrounding an accident or injury.
The foreseeability test looks at whether a reasonable person could have foreseen that their conduct could result in injury to another.
The learned hand formula weighs the burden of taking precautions against the probability and severity of injury to determine if the defendant breached their duty.
Joint and several liability allows an injured plaintiff to recover full damages from any one of multiple defendants found liable, regardless of their percentage of fault.
Dram shop liability allows injured parties to recover damages from bars or vendors that unlawfully served alcohol to visibly intoxicated persons who later caused injury.
A survival action allows recovery for the decedent's injuries before death. A wrongful death action allows recovery for damages to survivors resulting from the wrongful death.
Product liability imposes liability on manufacturers and sellers for injuries caused by defective or unreasonably dangerous products, applying strict liability in some cases.
Res judicata bars re-litigation of claims that have been finally adjudicated. Collateral estoppel precludes re-litigation of specific issues already litigated.
Statutes of limitations impose time limits for bringing tort claims after an injury arises, designed to promote fairness and prevent stale evidence.
Defamation is an intentional tort involving making false statements that damage another's reputation, including libel (written) and slander (spoken).
Transferred intent holds a defendant liable for unintended consequences caused during the course of an intentional tort against the original victim.
Invasion of privacy is an intentional tort involving unreasonable intrusion upon another's seclusion, publicity of private facts, or misappropriation of one's likeness.
Assumption of risk is an affirmative defense that bars a plaintiff's recovery if they voluntarily encountered a known and appreciated risk.
Conversion is an intentional tort involving wrongful possession, detention, interference, or control over another's personal property.
Negligent torts arise from conduct that falls below the standard of care, while intentional torts arise from purposeful wrongful acts.
Joint and several liability allows an injured plaintiff to recover full damages from any one defendant when multiple parties contributed to the same injury.
A nuisance is an unreasonable and substantial interference with the use and enjoyment of property, either public (public nuisance) or private.
Compensatory damages cover economic and non-economic losses. Punitive damages punish egregious misconduct. Nominal damages provide minimal recovery.
Common defenses include consent, self-defense, defense of others/property, privilege (e.g. free speech for defamation), and necessity.