Exam 2 Test Flashcards
(27 cards)
What is a Tort?
A civil wrong, other than a breach of contract.
A person who commits a Tort is referred to as …
Tortfeasor
What are the basic elements of a traditional negligence tort claim?
A Duty or standard of care owed to another
A Breach of that duty (typically through negligence)
That causes harm to another person
_________ Is a failure to live up to society’s ideal of reasonable care in a given situation.
Negligence
our basic ___ is to avoid acting in ways that would injure other people or their property - and nothing more.
Duty
We think of torts as personal injury claims, but they can also be…
Libel and slander
Malicious Prosecution
False imprisonment
Interference with someone else’s contract.
Trespass
argues that defendants do not have a duty to stop plaintiffs from engaging in inherently risky behavior and being injured as a result.
assumption of risk
How can a plaintiff recover a tort claim?
the plaintiff must show that the defendant owed them some duty of care in connection with their injury - even if the defendant was definitely negligent.
Is a type of tort where the defendant does not injure the plaintiff as a result of negligence, but does so on purpose.
Intentional tort
Intentional tort include (among other things)…
Battery, Assault, and conversion (a form of theft)
What is most likely to be available for intentional torts?
Punitive Damages
is a tort where someones intentionally or recklessly causes severe emotional distress to another person.
intentional infliction of emotional distress (IIED)
Elements of an (IIED)
- An act of extreme or outrages conduct.
- Intent to cause severe emotional distress.
- Severe emotional distress is suffered.
- Defendant is the cause of the distress.
occurs when an individual brings repeated civil suits or criminal complaints against another without merit.
Malicious Prosecution
what are elements of malicious prosecution?
- The defendant maliciously and w/o probable cause instituted a criminal or civil complaint against the plaintiff/
- resulted in a prosecution or lawsuit.
3.That ended favorably to the plaintiff.
(Also known as interference with contractual relations) is a tort whereby a third party wrongfully interferes with contractual relations between two others.
Tortious Interference
Generally refers to statements made by one party that damages another’s reputation.
Defamation
What type of defamation is via printed word, advertisement, radio, and TV broadcasts, etc.
Libel
is spoken word defamation
Slander
Elements of Defamation
- A false statement presented as true.
- Made negligently
- Published to a third party
- causing damage/harm to reputation.
refers to statements that are inherently damaging to a person reputation, so harmful that the law presumes damages, without needing proof of actual harm.
Defamation per se
Defamation cases against ___ have higher standards of proof
public figures
Torts are not intentional are usually analyzed using a…
negligence standard
what is the Learned Hand Formula?
is a test used to determine negligence, stating that the defendant is held liable.
