General Principles, Intent, and Remedies

Question 1

What is a tort?

Answer 1

A tort is “any wrongful act, damage, or injury done willfully, negligently, or in circumstances involving strict liability for which a civil suit may be brought.”

Question 2

In terms of liability, what is the principle of accident avoidance?

Answer 2

Assigns liability to individuals or entity that is in the best position to make choices between imposing a risk or avoiding it.

Question 3

In terms of liability, what is the principle of loss spreading?

Answer 3

Assigns liability to individuals or entity that is in the best position to insure against a class of accidents.

Question 4

In terms of liability, what is the principle of fairness?

Answer 4

Assign liability to individuals or entity that can spread the costs of accidents across all those – consumers and owners – who benefit.

Question 5

What are the three forms of intent?

Answer 5

Intended harmful or offensive contact, intended the act or contact (that is a battery because it is harmful or offensive), and substantial certainty.

Question 6

What does it mean when someone intended harmful or offensive contact?

Answer 6

The actor’s purpose is the harm or offense. (Purpose)

Question 7

What does it mean when someone intended the act or contact (that is a battery because it is harmful or offensive)?

Answer 7

The actor’s purpose is the act or contact. (Purpose)

Question 8

What does it mean when someone was substantially certain?

Answer 8

The harmful or offensive contact is a byproduct of the action (not the end or purpose at which the actor aims) the occurrence of which is not a matter of chance because it is substantially certain to occur. (Knowledge)

Question 9

What are the three overarching themes of tort law?

Answer 9

Accident avoidance, loss spreading, and fairness.