CHAP 10: Introduction to Tort Law Flashcards Preview

LAW 4002 - Business and Family Law > CHAP 10: Introduction to Tort Law > Flashcards

Flashcards in CHAP 10: Introduction to Tort Law Deck (11):
1

#CH10: What is a TORT?

1. A type of civil wrong
2. Any harm caused by 1 person to another, other than through breach of contract, and for which the law provides a remedy
Ex: Defamation, negligence, trespass

2

#CH10: What is a primary PURPOSE of Tort Law? (objective)

to provide COMPENSATION to persons who are INJURED as a result of the ACTIONS of others.

3

#CH10: What is Tort-Feasor?

1. a person COMMITTING a tort
2. Tort law seeks to shift LOSSES from VICTIMS to their TORT-FEASORS who caused the loss

4

#CH10: How Torts are categorized?

1. INTENTIONAL TORTS – A HARMFUL act that is committed on PURPOSE
Ex:
ASSAULT – The threat of imminent PHYSICAL HARM
BATTERY – Intentional INFLICTION of harmful or offensive PHYSICAL CONTACT

2. NEGLIGENCE
_ Unreasonable conduct, including a careless act or omission, that causes harm to another
_ Tort-feasor: A person COMMITTING a tort
_ Certain legislation, such as workers’ compensation legislation, provides no-fault compensation for injuries instead of a right to sue in tort.

5

#CH10: What is primary PURPOSE of DAMAGES in Tort Law?

to compensate a victim for LOSS caused by the DEFENDANT

6

#CH10: List 4 TYPES of DAMAGES

1. PECUNIARY DAMAGES – Compensation for out-of-pocket expenses, loss of future income, and cost of future care
2. NONPECUNIARY DAMAGES – Compensation for pain and suffering, loss of enjoyment of life, and loss of life expectancy
3. PUNITIVE DAMAGES – An award to the plaintiff to punish the defendant for malicious, oppressive, and high-handed conduct
4. AGGRAVATED DAMAGES – Compensation for intangible injuries such as distress and humiliation caused by the defendant’s reprehensible conduct

7

#CH10: What is Contributory Negligence?

1. A defence
2. Arises when the PLAINTIFF is at least PARTIALLY responsible for the harm that has occurred
Ex:
_ The plaintiff was not wearing a seatbelt at the time of the accident, causing injuries to be worse than they otherwise would have been.
_ The court will reduce the plaintiff’s award by his or her own percentage of fault.

8

#CH10: What are Joint Tort-Feasors?

Sometimes >= 2 are held jointly responsible by a court for the plaintiff’s loss or injuries

9

#CH10: What is Vicarious Liability?

The liability that an EPR has for the tortious acts of an EPE committed in the ordinary course or scope of EPM

10

#CH10: How can they MANAGE tort RISK?

No business can eliminate ALL risk, but ignoring tort risk may result in
1. lawyer fees and amt of judgment awarded to the successful plaintiff
2. losing insurance coverage
3. losing a hard-earned business reputation

11

#CH10: TORT Law Compared to CONTRACT Law?

OVERLAPPING liability in contract and tort is NOT uncommon.
Ex: When a professional (an accountant, lawyer, or banker) gives advice to a client and that advice is INCOMPETENT
=> the professional is in breach of contract and has committed the tort of negligence.