Commercial Law: Torte Definitions

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Torte

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An act (or omission) that causes injury to someone or their property where the person performing the act has no lawful excuse to do so. The purpose is to compensate the injured party for the loss suffered by tortuous acts, rather than punish the wrongdoer.

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Balance of Probabilities

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Up to plaintiff to prove each element 50%+1

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Measure of damage

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to put the victim in the position he/she would have been in had the torte not occurred

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General Damage

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Damage can’t be calculated prior to court day

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Special Damage

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Damage can be calculated with accounting accuracy

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Punitive Damage

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Damages awarded in cases where defendants’ conduct is malicious or high handed

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Intentional Torte

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A torte in which there is an intentional act causing the proscribed harm

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Negligence Torte

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A torte where no intention is required, the issue is in negligence

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Intention

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A voluntary act committed by the defendant

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Causation

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A direct link connected to the act and the harm

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Proscribed Harm

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The physical part of a torte

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Battery

Back 12

Unlawful physical contact with a person

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Assault

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The threat of violence to a person

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Fraud

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A false assertion of facts with knowledge of its falsity

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False Imprisonment

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Unlawfully restraining or confining another person

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Standard of Care

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The law places duty on every person to conduct all activities taking reasonable care not to injure others/their properties

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Damage Suffered by Plaintiff

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Economic harm and intention of infliction of mental suffering

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Duty must be owed

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Not liable unless he/she owes a duty to be careful

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Volunti non fit injria

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to one who volunteers, no harm is done

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Neighbor Principal

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The courts should hold that the duty arises whenever some harm is reasonably foreseeable, unless good policy reasons exist for denying the duty, to an individual

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Professional Liability

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breaching regulations of the governing body

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Contractual Duty

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Implicit duty to provide with care

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Fiduciary

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a person bound to act for another’s benefit