Tort Basics Flashcards
(20 cards)
What is a tort?
A civil wrong against someone, other than breach of K, in which the law provides a legal remedy
Purpose of Tort Law
- Provide a peaceful means of adjusting the rights of parties who may otherwise “take the law into their own hands”
- Deter wrongful conduct
- Encourage socially responsible behavior
- Restore injured parties back to their OG condition*
- Clear a wrong
Categories of Tort Liability
- Intentional Torts
- Negligence
- Strict Liability
What is an intentional tort?
A tort that requires an intentional act.
List the intentional torts
- Battery
- Assault
- False Imprisonment
- Intentional Infliction of Emotional Distress
- Trepass to Land
- Trepass to Chattel
- Conversion
What is negligence?
Conduct that falls below the expected standard of care that a reasonably prudent person would have exercised under like circumstances (and thus place an unreasonable risk upon another)
What are the elements of negligence?
- Duty
- Breach of duty
- Causation
- Damages
What is strict liability?
(aka: absolute liability or liability without fault)
Imposed liability REGARDLESS of D’s intent and of whether D was negligent
For which contexts does strict liability apply?
- Animals
- Abnormally dangerous behavior
- Defectively manufactured products
What are privileges?
Defenses to intentional torts
List the privileges
- Consent
- Self Defense
- Defense of Others
- Defense of Property
- Recovery of Property
- Necessity
- Authority of Law
- Discipline
- Justification
What are defenses to negligence?
- Contributory negligence
- Comparative negligence
- Assumption of risk
- Statute of Limitations
- Immunities
What are damages?
Money awarded to injured person as compensation for harm or loss
What are the types of damages?
- Nominal (token) damages
- Actual (compensatory) damages
- Punitive (exemplary) damages
Who has the burden of proof in negligence case?
The P does:
- Burden of production of evidence that P suffered injuries b/c of D’s negligence
- Burden of persuasion to jury that P’s injuries were “more probable than not” b/c of D’s negligence
What is the survival statute?
Under the survival statute, a cause of action by or against a decedent’s estate or representative is allowed
What is the wrongful death statute?
Under the wrongful death statute, a decedent’s survivors can bring a lawsuit for losses sustained by a tortious injury that resulted in decedent’s death
What is vicarious liability?
Secondary liability imposed upon supervisor for acts done by subordinate b/c of relationship b/t the principal and agent
What is respondeat superior?
Under the doctrine, an employer is liable for employee’s tortious acts committed within scope of employment
What is products liability?
When manufacturer or seller of a product is liable for personal injuries caused by the product (under the theories of defect in manufacture, design, or warnings)
