Flashcards in Chapter 2 Deck (31)
What is a tort?
Any harm or injury caused by one person to another for which the law provides a remedy.
What is a tortfeasor?
The one who has committed a tort.
What is the diference between a tort and a crime?
Tort is private law. Crime is criminal law. Tort remedy is cash, crime remedy is punishment.
What is the difference between a tort and a contract?
Tort is imposed by law where a contract is voluntary.
What is strict liability?
Person was the direct physical cause of injury.
Who has the burden of proof in a tort? What is the percentage they must prove?
Plaintiff must prove that there was a better than 50 percent chance the plaintiff was harmed by the defendant.
What is a vicarious liability?
Arises because of a relationship with the person who actually committed a wrong.
What is joint tortfeasors?
When there is more than one defendant involved to blame for the harm.
When is an employer liable due to vicarious liability? Who can be sued?
When a tort is committed by someone who is an employee, paid wages, and employer controls their action. Employer and employee can both be sued.
What percentage can a plaintiff recover when there are more than one tortfeasor?
Can get up to 100% from any of them.
What is duty to defend?
When an insurance company pays expenses for a lawsuit.
What is the detterence function? How does this create a problem with insurance companies?
Deterrence function is to deter people from acting wrongly. Problem with insurance companies as the insurance company covers the damages.
What is contributory negligence?
Only involved in a part of the tort.
What are the are some defences to a tort?
What are 3 remedies under tort law?
Lack of causation
Failure to mitigate by plaintiff
What is classified as a strict liability tort?
Does something wrong without intending to and without acting carelessly.
Which type of tort is usually accompanied with a criminal charge?
Intentional torts such as assault, false imprisonment, defamation.
Which tort is not particular to a geographic area?
What is misappropriation of personality?
Unauthorized use of someone's image to sell products
What are the four types of business torts?
Inference with contractual relations
Unlawful interference with economic relations
What are the elements to prove negligence
Defendant owed a duty of care
Defendant berached a standard of care
Breach caused harm or loss
What is the all or nothing approach in a breach that caused harm?
Plaintiff must prove 51 percent chance that the defedant's negligence caused the injury resulting in being awarded all of the damages.
What will automatically exonerate the defendant?
If the plaintiff's tort was while they were performing an illegal activity.
What is Res Ipsa Loquitur?
What does it imply?
"the facts speak for themseles"
If a product was defective then there was negligence in the production stage.
What is the standard of care in regards to professionals?
Live by the standards of their professional teaching.
Standard of care based on the information reasonably available to the defendant in foresight.
Professionals are liable for negliget misrepresentation.
What is the defence of qualified priviledge in a defamation case?
When the statement made was in the course of duty with the belief that it was true, and communicated to only those who needed to know.
What is constituted when you convince a supplier to run out of inventory to not meet the needs of another business?
Interference with contractual relations
Under the law, what is a reasonable person considered to be?
Average intelligence who will prudently exercise reasonable care considering all circumstances.
When might a loss be deemed to be too remote?
When too much time has past since the action and the injury.