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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