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24 Cards in this Set
- Front
- Back
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What is a tort?
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A french word for "wrong". When one parties wrongful conduct causes harm or injury to another.
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What is civil tort law used for?
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It is used to compensate those(usually monitarily) who have suffered a loss or injury due to another person's wrongful act.
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What are compensatory damages?
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They are (usually monetary) awards intended to compensate or reimburse a plaintiff for the actual losses they suffered. Putting them back into their original state before the tort occured.
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What are special damages?
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Used to compensate the plantiff for quantifiable monetary losses (medical expenses, lost wages, benefits...)now and in the future, if the plantiff has suffered injuries preventing them from returning to work.
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What are general damages?
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Used to compensate individuals (not companies) for the non-monetary aspects of harm suffered, such as: pain and suffereing or loss of consortium.
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What is loss of consortium?
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losing the emotional and physical benefits of a spousal relationship
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What are punitive damages?
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they are mainly used for intentional torts to punish the wrong doer and deter others from similar actions. It is appropriate only when the defendants conduct was particularly egregious: outstandingly bad, or reprehensible: deserving cesure or condemnation.
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What is gross negligence?
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the intentional failure to perform a manifest duty in reckless disreguard of the consequences of such a failure for the life or property of another.
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What is an intentional tort?
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Requires intent; the tortfeasor(defendant commiting the tort) must intend to commit an act, the consequences of which interfere with the personal or business interests of another in a way not permitted by law.
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What is assault?
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an intentional, unexcused act that creates in another person a reasonable apprehension of immediate harmful or offensive contact.
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What is apprehension?
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Reasonable basis for believing that the conduct will occur
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What is battery?
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unexcused and harmful or offensive physical contact intentionally performed or the completion of the act that caused apprehension
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What is consent?
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allowing an action to occur... complete or partial defense to liability
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What is False imprisonment?
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Intentional confinement or restraint of another person's activities without justification.
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What is defamation?
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false statement about a person, their product, or business. The wrongful hurting of a person's good reputation.
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What is tort of libel?
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false defamatory statements of fact in writing or other permanent form.
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What is slander?
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Oral defamation or wrongfully accusing another of false facts.
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What are defenses to assault and battery?
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consent, self defense(reasonable force), defense of others(reasonable force), defense of property
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What is slander per se?
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No proof of damages are necessary when the statement involves disease, business improprieties, serious crime, or sexual misconduct.
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What is the absolute defense against a defamation charge?
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The truth
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Appropriation of Identity is
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the use of a person's name or likeness without their consent
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What is negligence?
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when the act of violating a statute or ordinance causes another to suffer harm or injury and is punishable as a crime
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What is puffery?
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Personal opinion
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What is fraud?
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intentional deceit determined by a reasonably prudent person
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