Mbfe 653: Chapter 6 - International Torts

Front 1

A civil wrong that is not a breach of contract

Back 1

Tort

Front 2

The desire to cause certain consequences or the substantial certainty that those consequences will result from one's behavior.

Back 2

Intent

Front 3

A conscious indifference to a known and substantial risk of harm created by one's behavior.

Back 3

Recklessness

Front 4

A failure to use reasonable care, with harm to another party occurring as a result

Back 4

Negligence

Front 5

Liability without fault or more precisely, liability irrespective of fault.

Back 5

Strict liability

Front 6

Contemplation of civil liability for those who commit torts

Back 6

Tort Law

Front 7

Damages paid to compensate the claimant for loss, injury, or harm suffered by another's breach of duty. E.g. Medical Expenses, lost wages and benefits

Back 7

Compensatory Damages

Front 8

Damages designed to punish wrongdoers and to deter them, as well as others, from engaging in similar conduct in the future

Back 8

Punitive Damages

Front 9

The intentional and harmful or offensive touching of another without his consent

Back 9

Battery

Front 10

A defendant who intends to injure one person but actually injures another is liable to the person injured, despite the absence of any specific desire to injure him

Back 10

Transferred intent

Front 11

An intentional attempt or offer to cause a harmful or offensive contact with another person, if that attempt or offer causes a reasonable apprehension of imminent battery in the other person's mind.

Back 11

Assault

Front 12

Conduct "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community".

Back 12

Requirement for Emotional Distress

Front 13

Intentional confinement of another person for an appreciable time without his consent

Back 13

False imprisonment

Front 14

The (1) unprivileged (2) publication of (3) false and defamatory (4) statements concerning another.

Back 14

Defamation

Front 15

Written or printed defamation or to other defamation having a more or less permanent physical form but can include radio and television

Back 15

Libel

Front 16

Non written or physical defamatory statements, mainly oral defamation

Back 16

Slander

Front 17

Actual reputational injury and other actual harm

Back 17

Special Damages

Front 18

Compensation for reputational harm that is presumed to have occurred but does not have to be proven by the plaintiff for libel

Back 18

Presumed Damages

Front 19

False statements that the plaintiff has (1) has committed a crime involving moral turpitude or potential imprisonment, (2) has a loathsome disease, (3) is professionally incompetent or guilty of professional misconduct, or (4) is guilty of serious sexual misconduct.

Back 19

Slander per se

Front 20

A privilege that shields the author of a defamatory statement regardless of their knowledge, motive or intent.

Back 20

Absolute privilege

Front 21

Knowledge of falsity or reckless regard for the truth

Back 21

Actual malice

Front 22

(1) Proof of negligence to establish liability (2)Availability of presumed and punitive damages by providing that if the private figure plaintiff wanted to recover such damages (either instead of or in addition to damages for demonstrated harm), they would need to prove actual malice by clear and convincing evidence.

Back 22

Gertz rule for private figure malice cases

Front 23

Liability on those who initiate legal proceedings, whether criminal or civil, for a primary purpose other than the one for which the proceedings were designed.

Back 23

Abuse of process

Front 24

Protection from wrongfully instituted civil lawsuits

Back 24

Wrongful use of civil proceedings

Front 25

Remedy for the wrongful institution of criminal proceedings

Back 25

Malicious prosecution

Front 26

Formal name of a tort claim that is available to victims of knowing misrepresentations

Back 26

Deceit (or Fraud)

Front 27

Any unauthorized or unprivileged intentional intrusion upon another's real property

Back 27

Trespass to land

Front 28

Some interference with the plaintiff's use and enjoyment of their land.

Back 28

Private Nuisance

Front 29

The defendant's intentional exercise of dominion or control over the plaintiff's personal property without the plaintiff's consent.

Back 29

Conversion