Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
40 Cards in this Set
- Front
- Back
TORT
|
IS A WRONG AGAINST AN INDIVIDUAL
|
|
CRIME
|
IS A WRONG AGAINST THE PUBLIC AT LARGE
|
|
TORT ACTION
|
is a civil suit brought by the injured party to recover money damages to compensate him or her for losses caused by the tortious act of the tortfeasor
|
|
TORTFEASOR
|
the one who commits the tort
|
|
TORT AND CRIME
|
example is assault and battery
|
|
CYBERTORT
|
means a tort associated with a computer
|
|
COMPARE A TORT WITH BREACH OF CONTRACT
|
tort is a breach of duty imposed by law,
Breach of contract is a breach of duty imposed by agreement of the parties |
|
FOUR BASIC ELEMENTS ARE COMMON TO ALL TORTS
|
1. the existence of a duty owed to the plaintiff by the defendant2. a violation of that duty3. a showing that the violation was the cause of the plaintiff's injuries4. damages
|
|
GOOD SAMARITAN STATUTES
|
provide that physicians, nurses, and certain other medical personnel will not be liable for negligent acts that occur when they voluntarily, without a fee, render emergency care or treatment outside of the rodinary course of their practice
|
|
IMPUTED LIABILITY
|
A PERSON MAY BE HELD RESPONSIBLE FOR TORTS THAT ARE COMMITTED BY ANOTHER PERSON
|
|
DOCTRINE OF RESPONDEAT SUPERIOR, MASTERS(EMPLOYERS)
|
can be held responsible for the torts, of their servants (employees) that are committed within the scope of employment
|
|
PRINCIPALS(people who authorize others to act for them)
|
can be held responsible for the torts committed by their agents
|
|
AGENTS
|
people authorized to act) while acting within the scope of their authority-partner may be held liable for torts committed by another partner while acting in the ordinary course of the partnership
|
|
IMMUNE
|
exempt from tort liability such as hospitals and churches
|
|
DOCTRINE OF CHARITABLE IMMUNITY
|
immune could not ge sued in tort for the wrongdoins of their agents or employees that occurred in the course of the charitable activity.
|
|
SOVEREIGN IMMUNITY
|
makes a governmental body immune from tort liability unless the government agrees to be held liable
|
|
JOINT TORTFEASORS
|
if more than one person participates in the commission of a tort
|
|
JOINT LIABILITY
|
that all joint tortfeasors must be named as defedants in the lawsuit
|
|
DOCTRINE OF RESPONDEAT SUPERIOR, MASTERS(EMPLOYERS)
|
can be held responsible for the torts, of their servants (employees) that are committed within the scope of employment
|
|
SEVERAL LIABILITY
|
means that the joint tortfeasors may be sued separately for the wrongdoing
|
|
PRINCIPALS(people who authorize others to act for them)
|
can be held responsible for the torts committed by their agents
|
|
RIGHT OF CONTRIBUTION
|
if one joint tortfeasor is reqauired to pay more than his or her share to the injured party, he or she may sue the other joint torfeasor the excess
|
|
AGENTS
|
people authorized to act) while acting within the scope of their authority-partner may be held liable for torts committed by another partner while acting in the ordinary course of the partnership
|
|
DOCTRINE OF RESPONDEAT SUPERIOR, MASTERS(EMPLOYERS)
|
can be held responsible for the torts, of their servants (employees) that are committed within the scope of employment
|
|
IMMUNE
|
exempt from tort liability such as hospitals and churches
|
|
PRINCIPALS(people who authorize others to act for them)
|
can be held responsible for the torts committed by their agents
|
|
DOCTRINE OF CHARITABLE IMMUNITY
|
immune could not ge sued in tort for the wrongdoins of their agents or employees that occurred in the course of the charitable activity.
|
|
AGENTS
|
people authorized to act) while acting within the scope of their authority-partner may be held liable for torts committed by another partner while acting in the ordinary course of the partnership
|
|
SOVEREIGN IMMUNITY
|
makes a governmental body immune from tort liability unless the government agrees to be held liable
|
|
IMMUNE
|
exempt from tort liability such as hospitals and churches
|
|
JOINT TORTFEASORS
|
if more than one person participates in the commission of a tort
|
|
DOCTRINE OF CHARITABLE IMMUNITY
|
immune could not ge sued in tort for the wrongdoins of their agents or employees that occurred in the course of the charitable activity.
|
|
JOINT LIABILITY
|
that all joint tortfeasors must be named as defedants in the lawsuit
|
|
SOVEREIGN IMMUNITY
|
makes a governmental body immune from tort liability unless the government agrees to be held liable
|
|
SEVERAL LIABILITY
|
means that the joint tortfeasors may be sued separately for the wrongdoing
|
|
JOINT TORTFEASORS
|
if more than one person participates in the commission of a tort
|
|
RIGHT OF CONTRIBUTION
|
if one joint tortfeasor is reqauired to pay more than his or her share to the injured party, he or she may sue the other joint torfeasor the excess
|
|
JOINT LIABILITY
|
that all joint tortfeasors must be named as defedants in the lawsuit
|
|
SEVERAL LIABILITY
|
means that the joint tortfeasors may be sued separately for the wrongdoing
|
|
RIGHT OF CONTRIBUTION
|
if one joint tortfeasor is reqauired to pay more than his or her share to the injured party, he or she may sue the other joint torfeasor the excess
|