Flashcards in Unit 6: Tort Law Deck (15):
When someone commits a wrong in Civil law.
Can you be charged both civilly and criminally for the same act?
Two basic questions of Tort Law
1) Who should be liable for harm caused by those actions?
2) How much should the responsible person have to pay?
Being responsible for something that happened, different from being morally responsible.
Law made by the judge through court decisions.
A local or state law
Torts that are caused by negligence of the person who commits the tort.
Four Elements of Negligent Tort
-Causation: Cause in Effect, Proximate Causation
Defenses: Contributory Negligence
Negligence of the plaintiff contributed to the plaintiff's injury so damages should be denied.
Defenses: Comparative Negligence
Negligence of the plaintiff contributed to the plaintiff's injury so damages should be reduced accordingly or denied.
Defenses: Assumption of Risk
The plaintiff consented to engage in certain activity that they knew of potential risks
Plaintiff engaged in an illegal activity when plaintiff was injured, so damages should be denied.
1) Want for the consequence to happen
2) Know to a substantial certainty that the consequence will happen
Four Types of Intentional Torts
- False Imprisonment
- Intentional Infliction of Mental Distress (IIMD) (outrage)
- Conversion (robbery/ burglary)