Examen 2 legal english Flashcards
(15 cards)
What is Tort Law?
type of law that deals with civil wrongs that cause harm to others, excluding breaches of contract. It allows injured parties to seek compensation for damages.
- Elements of a Tort Case
Duty, Breach, Causation, Injury
Explain Duty
A person/company must act reasonably to prevent harm.
🔹 Duty Examples:
🚗 Drivers must obey traffic laws to avoid accidents.
🏬 Store owners must keep floors dry to prevent slips.
🏥 Doctors owe patients a duty of care (correct diagnosis, proper treatment).
⚖️ Lawyers must competently handle cases (legal malpractice if they fail).
Explain Breach
A breach happens when someone fails to meet their legal responsibility.
🚦 Running a red light and causing a crash.
🏥 A surgeon amputates the wrong leg.
🛒 A store ignores a spilled drink, causing a slip injury.
⚖️ A lawyer misses an important filing deadline.
Explain Causation
To prove causation, two types must be shown:
A. Actual Cause (“But-For” Test) 🧐
Would the harm have happened but for the defendant’s actions?
B. Proximate Cause (Foreseeability) 🔍
Was the harm a predictable result of the defendant’s actions?
🔹 Causation Examples:
🚗 Drunk driver causes a fatal crash → both actual and proximate cause.
🏥 Surgical error (leaving an instrument inside a patient) → leads to infection & death.
Explain Injury
A plaintiff must prove real harm, not just a hypothetical danger.
🩹 Physical – Broken bones, burns, amputations.
😢 Emotional – PTSD, anxiety, depression.
💰 Economic – Lost wages, medical bills.
🏚️ Property – Car damage, home destruction.
What are the types of torts?
Intentional torts, Negligence torts and Strict liability torts
Examples of Intentional Torts
👊 Battery – Physically hitting someone.
😱 Assault – Threatening to harm.
🔒 False Imprisonment – Locking someone up against their will.
🏡 Trespass – Entering property without permission.
💰 Fraud – Lying to trick someone into a bad deal.
🗣️ Defamation – Spreading false info to ruin someone’s reputation
what is slander and libel?
spoken and written defamation
Examples of Negligence torts
🏢 Slip and falls – Wet floors without warning signs.
🏥 Medical malpractice – Misdiagnosing a life-threatening condition.
Example of Strict Liability torts
A person/company is responsible even if they did not intend harm.
🏭 Defective products – Car airbags that fail to deploy.
🐕 Animal attacks – A pet dog bites someone.
💥 Dangerous activities – Using explosives that damage nearby houses
When can Corporate and Mass Torts apply?
Company negligence – If a company’s product or action harms people, it can be sued.
Mass Torts – Cases with multiple victims.
What are Class action lawsuits?
Many people, same injury → One big lawsuit.
Example: Millions of people sue a pharmaceutical company for a defective drug.
