Torts: Private Wrongs

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Tort

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A private wrong committed by one that injures a person or property for which the law allows a legal remedy.

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Tortfeasor

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The wrongdoer.

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Intentional tort

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A person purposely commits some act that injures the victim.

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Negligence

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Failure to act as a reasonable, careful person would act under the same or similar circumstances, thereby causing injury that was foreseeable.

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Strict Liability

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Tort theory available in special situations determined by public policy in which a person is held responsible for harm occurring to another without proof of fault (i.e. inherently dangerous activities, wild animals, explosives, sale of defective products).

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Product Liability

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Law holding manufacturers and sellers of goods liable to buyers, users, and perhaps bystanders for harm caused by defective goods.

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Assault

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intentional threat or attempt that places the vic in fear or apprehension of an immediate harmful of offensive touching

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Battery

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any harmful or offensive touching of another human being without excuse or consent. Usually (but not necessarily) battery involves violent infliction of injury

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Informed Consent

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PTs must be told what risks are involved and alternatives available.

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False imprisonment

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Wrongful restraint of physical liberty of another.

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False Arrest

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Taking custody of another, without proper legal authority to be held or restrained in order to answer a civil claim or criminal charge

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Shopkeeper's Privilege

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permit a retail merchant or authorized employee to detain a person if there are reasonable grounds to believe that the suspect has shoplifted and reasonable means of detention are used

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Intentional Infliction of mental distress

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outrageous conduct that causes mental, if not immediate physical, suffering by the vic

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Fair Debt Collection Practices Act

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federal law that outlaws certain unreasonably harsh collection practices previously used by professional debt collectors

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Defamation

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False statement injuring the reputation of the vic

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Slander

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Oral defamation; the speaking of false words to a third person tending to cause injury to the reputation of the vic

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Libel

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a false statement of fact about a person in written or other permanent form causing harm to the reputation of that person and is further communicated to a third person

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Slander Per Se

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slander in itself; words not requiring proof of special damages

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Privilege

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a legal right to do or refrain from doing something enjoyed by only some persons or classes

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Absolute Privilege

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Total protection from liability for defamation. Legislators enjoy it for statements made during official sessions, and judges and others enjoy it during judicial proceesings

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Conditional or qualified privilege

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a partial immunity which protects one who makes a defamatory statement in performance of an legal, moral, or social duty, to a person who has a corresponding duty or interest in receiving it

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Invasion of privacy

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violation of the right of every person who has done no wrong to be left alone. Rights related to property interests in ones's own person

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Conversion

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taking of personal property of another and wrongfully exercising rights of ownership

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Trespass to chattel

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a brief, temporary unauthorized interference with the personal-property rights of another

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Fraud

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a knowingly false representation of a material fact, made through words or conduct, with intent to deceive a vic, who is induced to contract in reliance on the lie, and who is thereby injured

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Misrepresentation

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a false statement made intentionally, knowing it is not true. A negligent misrepresentation is a false statement made carelessly

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Bad Faith

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the deliberate failure to fulfill some duty or contractual obligation owed to another (e.g. a purposeful failure by an insurance company to pay a lawful claim)

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Duty

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obligation enforceable in court to recognize and respect the person, property, and rights of others. Legal duty is the reciprocal of legal right

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Actual Cause

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the negligent person's carelessness is the reason for the loss by the vic; in other words, when injury to person or property results from the tortfeasor's actions or failure to act

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Proximate cause

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an action that, in natural and continuous sequence, unbroken by an intervening force or cause, produces the injury, and without which the effect or result would not have occurred. Furthermore, the result is not entirely outside the range of expectation or prbability

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Intervening Cause

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independent force (either an act or failure to act) comes or happens after the defendant's negligent conduct has commenced

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Good Samaritan Laws

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statutes shields doctors, and other from liability they may incur to an injured person when they stop along the way and render er aid.

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Gross Negligence

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the failure of even slight or scant care

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Negligence per se

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the unexcused violation of a statute or ordinance which is automatically deemed to be negligent conduct without argument or proof as to the particular surrounding circumstances

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Malpractice

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violation of a duty of due care by a professional person

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Trespass

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wrongful interference with the real or personal property of another

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Attractive Nuisance

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doctrine under which minors who trespass may collect damages if attracted on to the defendant's premises where they are injured by a manmade instrumentality that has special appeal to children (railroad turntable/swimming pool)

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Licensees

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A person who enters another's land with permission (implied or express) of the owner or possessor, for the visitor's convenience

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Invitee

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one who enters another's land with permission of the owner or occupier, for a matter of business benefiting the owner or occupier

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res ipsa loquitur

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a doctrine under which negligence is inferred when the instrumentality causing they injury was under control of the defendant and an injury occurred that normally would not occur in the absence of negligence by the defendant (used in malpractice)

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Comparative negligence

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Negligence of the plaintiff that does not bar recovery of damages but may reduce the amount of recovery proportionally

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Contributory Negligence

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negligence of a plaintiff that helped to cause a tort. In states accepting the doctrine, a contributory negligence plaintiff usually is barred from claiming damages if injured

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Assumption of Risk

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When a plaintiff with knowledge of the facts of a dangerous condition voluntarily exposes himself or herself to the particular risk of injury

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Workers' Compensation

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medical treatment, rehabilitation benefits, and disability payments for workers injured on the job

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Class Actions

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When all members of a group of persons who have suffered the same or similar injury join together in a single lawsuit against the alleged wrongdoer. The group must be so numerous that it is impracticable to bring all members before the court individually

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Statute of Repose

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a type of statute of limitations that specifies an absolute time from the date of sale during which the cause of action must be brought to collect damages for defects in the product

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Compensatory Damages

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amt. awarded by a court to make good or replace the actual loss suffered by a plaintiff

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Special Damages

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amt. awarded by a court to pay for monetary out-of-pocket losses resulting from the specific or special circumstances of the plaintiff

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General Damages

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amt. awarded by a court to pay the plaintiff for nonmonetary losses that resulted from an injury, without reference to any special circumstances of the plaintiff

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Consortium

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the reciprocal legal right of companionship, cooperation, aid, affection, and sexual relations of each spouse from and to the other

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Wrongful-death suits

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a law allowing the heirs of a deceased person to sue whoever caused the decedent's death and to collect any court-awarded damage to the heirs for the loss of the loved one's life

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Survivor Statutes

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law allowing a lawsuit even after the death of the victim perhaps permitting recovery for damages to the vic

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Punitive Damages

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Amt. awarded by a court to the vic. of an intentional tort, in addition to compensatory damages; designed to punish the tortfeasor and serve as an example to others

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Nominal Damages

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Insignificant amt. awarded by a court when the defendant has violated the rights of the plaintiff but no monetary loss has been suffered or can be proved

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Judgement-proof

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Financial condition of a person who lacks the assets to pay any judgement rendered against him or her