Torts Flashcards
What are torts?
A breach of legal duty that approximately causes harm or injury to another; tort law is designed to compensate those who’ve suffered a loss or injury due to another person’s wrongful act
What are the 4 overlapping torts and crimes?
- Assault
- Battery
- Trespass
- Nuisance
What are the 3 major categories of torts?
- Intentional Torts
- Negligence
- Strict Liability
Damage VS Damages
Damage - harm or injury to person or property
Damages - monetary compensation for such harm or injury
Compensatory Damages
compensating or reimbursing the plaintiff for actual losses
Special Damages - compensate monetary losses
General Damages - compensate for non-monetary damages
Punitive Damages
when defendant’s conduct was particularly egregious (outrageous) or reprehensible (shameful)
If you’re suing for DAMAGES what must you argue?
preponderance of evidence (50+%)
If you’re suing for EQUITABLE REMEDIES what must you argue?
clear and convincing evidence (~75%)
What are the 3 kinds of Intentional Torts to the person?
- Assault
- Battery
- False Imprisonment
What is an Intentional Tort?
intentional violation of person or property (fault plus intent)
What is a tort of Assault? (to the person)
intentionally placing someone in fear or apprehension of immediate harmful or offensive contact
What is a tort of Battery? (to the person)
intentional touching that results in an injury; assault resulting in physical contact
What is a tort of False Imprisonment? (to the person)
intentionally detaining someone against their will
What standard must be upheld to determine if the contact was offensive in a tort of battery?
the reasonable person standard
What are the 4 kinds of Intentional Torts to property?
- Trespass to Land
- Conversion
- Trespass to Personal Property (Chattels)
- Waste
What is a tort of trespass to land? (to property)
unpermitted intrusion onto someone’s land
What 3 things could be considered a trespass to land?
- entering onto, above, or below the surface of land that’s owned by another
- causing anything to enter onto land owned by another
- remaining on land owned by another or permitting anything to remain on it
What is a tort of conversion? (to property)
intentionally depriving someone of their personal property
What is the difference between personal property and real property?
Real property is land, buildings, and/or fixtures
Personal Property is MOVABLE
- tangible : solid, liquid, gas
- intangible: stocks, bonds, patents, etc.