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16 Cards in this Set

  • Front
  • Back
(1) Tort
A civil wrong, other than a breach of a contract, for which the law provides a remedy
(2) Transferred intent
If one intends to throw a rock at A and the rock hits B there will be transferred intent and an intentional tort will result.
(3) False Imprisonment
The direct contstraint by one person of the physical liberty of another, against their will, without legal justification.
(4) Chattel
An object that is not real estate, or an improvement to real estate. A chattel is something that is removeable.
(5) Withdrawal of Consent
A physician must conduct new informed consent discussion, and cannot continue to rely on previously given consent.
(6) Informed consent - Requirements
Requires a physician or surgeon to disclose to a patient, the risks of proposed medical or surgical treatment or possible alternatives.
(7) Reasonable belief
The privilege exists when the defendant reasonably believes that the effort is necessary to protect himself against battery, even thought there is in fact, no necessity.
(8) Public Necessity
If it is a public necessity to damage or destroy one's property, the defendant will not be held liable.
(9) Private necessity
If it is necessary for a person to use another's property in an emergency, they will not be a trespasser but they will be liable for the damage to the other person's property
(10) Authority of Law
If a person is commanded or authorized by law to do what he does, then he is not liable for any torts arising from said action.
(11) Negligence
Conduct that falls below the standard of care established by law for the protection of others against the unreasonable risk of harm.
(12) Due care
The standard of care one legally owes to another under certain circumstances; that degree of care a reasonable and prudent person would exercise under similar circumstances.
(13) Ordinary Care
it means the kind of care which prudent and cautious men would use, such as is required by the exigency of the case and such as is necessary to guard against probable danger.
(14) Exigency
An urgent situation requiring immediate action or effort , such a situation can be used as justification for not complying with the law, or ignoring another's rights or interests.
(15) Negligence per se
in cases like these the courts use the statute as the standard of conduct, as opposed to the reasonably prudent person test. This eases the burden of proof because you don’t have to convince the jury of what a reasonably prudent person is.
(16) Prima facie negligence
negligence unless you have come up with an excuse.