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18 Cards in this Set

  • Front
  • Back
A civil wrong
Tort
Harms that result when parties perform intended acts
Intentional Torts
Conduct that results in damages 3 steps: 1. Duty 2. Breach of Duty 3. Causation
Negligence (Elements)
Imposition of liability because harm results
Strict tort liability
The wrong of asking a party to break a contract
Interference with contact
Wrongfully imprisoned, detention
False imprisonment
Can detain you if they have reason to believe you stole something ( 5-10 min)
Shopkeepers Privilege
conduct that can result in mental or physical distress e.g bill collector
Intentional infliction of emotional distress
discussing private info of an-others affairs
Invasion of privacy
illegal use of property or funds e.g Bette Midler case
Misappropriation
A hypothetical person with full knowledge and alertness, "the standard person"
Reasonable and Prudent person
defense to defamation that protects certain statements because of public interest such as testimony to a trial or media coverage
Absolute privilege
a defendant is liable to a plaintiff for all the natural and direct consequences of the defendant's wrongful act
Damages (pain and suffering)
The "but for" reason for an accident. A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others.
Causation
the foreseeability requirement of causation
Proximate Cause
negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff % based plaintiff partially at fault
Comparative negligence
behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence; "in common law any degree of contributory negligence would bar the plaintiff from collecting damages"
Contributory negligence
plaintiffs voluntary subjection to risk that caused injuries
Assumption of risk