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24 Cards in this Set

  • Front
  • Back
What is a tort?
A french word for "wrong". When one parties wrongful conduct causes harm or injury to another.
What is civil tort law used for?
It is used to compensate those(usually monitarily) who have suffered a loss or injury due to another person's wrongful act.
What are compensatory damages?
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.
What are special damages?
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.
What are general damages?
Used to compensate individuals (not companies) for the non-monetary aspects of harm suffered, such as: pain and suffereing or loss of consortium.
What is loss of consortium?
losing the emotional and physical benefits of a spousal relationship
What are punitive damages?
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.
What is gross negligence?
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.
What is an intentional tort?
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.
What is assault?
an intentional, unexcused act that creates in another person a reasonable apprehension of immediate harmful or offensive contact.
What is apprehension?
Reasonable basis for believing that the conduct will occur
What is battery?
unexcused and harmful or offensive physical contact intentionally performed or the completion of the act that caused apprehension
What is consent?
allowing an action to occur... complete or partial defense to liability
What is False imprisonment?
Intentional confinement or restraint of another person's activities without justification.
What is defamation?
false statement about a person, their product, or business. The wrongful hurting of a person's good reputation.
What is tort of libel?
false defamatory statements of fact in writing or other permanent form.
What is slander?
Oral defamation or wrongfully accusing another of false facts.
What are defenses to assault and battery?
consent, self defense(reasonable force), defense of others(reasonable force), defense of property
What is slander per se?
No proof of damages are necessary when the statement involves disease, business improprieties, serious crime, or sexual misconduct.
What is the absolute defense against a defamation charge?
The truth
Appropriation of Identity is
the use of a person's name or likeness without their consent
What is negligence?
when the act of violating a statute or ordinance causes another to suffer harm or injury and is punishable as a crime
What is puffery?
Personal opinion
What is fraud?
intentional deceit determined by a reasonably prudent person