Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key


Play button


Play button




Click to flip

25 Cards in this Set

  • Front
  • Back
What is a tort?
a tort is a civil wrong, purpose of tort law is to compensate for those who have suffered
Intentional tort
the person intends to commit an act; interfere with personal or business interests of another; even without evil motive, if injurt results
Examples of Intentional torts
assault and battery, false imprisonment, intentional infliction of emotional distress, defamation, invasion of the right to privacy, appropriation, and fraud
an act that causes apprehension or fear, of immediate harmful or offensive contact
the completion of the assault if it results in harm to the plantiff. contact without consent.
false imprisonment
intentional confinement, or restraint without justification. unless there is probable cause for the confinement, it has to be within a reasonable amount of time.
Infliction of mental stress
extreme and outrageous conduct resulting in severe emotional distress. Physical symptoms, ex. auto accident mom, or aids
Invasion of right of privacy
intentinal invasion of a persons right to be left alone. ex pictures w/o consent.
hurting a persons reputation, libel-written, slander-orally, false statements, statement of opinion not actionable, but of fact are. doesn't work in privacy, slander-have to prove special damages-public figures-have to be made with "malice" newspapers are qualified
disparagement of goods
false statements made about anothers business product , defamaing ex coke or pepsi
fraudulent misrepresentation
fraud, intentional deceit, and knowledge of the falsity that results in damages. a justifiable reliance on the misrepresentation by the decieved party.
Intentional tortst against property
tresspass to land, conversion,nuisance
tresspass to land
a person w/o permission enters onto , above, or below, the surface of land, that is owned by another.causes anything to enter onto the land, or remains on the land,
tresspass to personal property
the intentional interference with an owners right to use possess, or enjoy, his or her personal property w/o the owners consent.
when personal property is taken from the rightful owner, or possessor w/o permission, and placed, in the service of another.ex.
Improper activity that interferes with anothers use and enjoyment of his or her property
ex smoking, parties
disparagement of property
an economically injurious falsehood that is made about anothers product or property, slander of title.
Negligence -unintentional torts
Not being careful, requires fault elements, no risk plaintiff must prove:
1. Breach of legal duty
2. Injury or damages
3. causation
actual cause
failure to stop- result
proximate cause
foreseeability, result
compensatory damages
compensation- medical expenses, lost wages, and benefits
punitive damages
intended to punish the wrongdoer
Defense of Negligence
intervening forces, assumption of risk, contributory or comparative negligence
assumption of risk
a plaintiff who voluntarilly enters into a risky situation knowning the risk involved will not be allowed to recover. or cannot assume the risk of an employer's violation of safety for the benefits of the employees
contributory negligence
no matter how insignificant