Business And Personal Law Chapter 3 Torts

Front 1

Tort law is based on the idea that ________________.

Back 1

Everyone has certain rights and a duty to respect the rights of others

Front 2

What is the purpose of tort law?

Back 2

Enforc the rights and duties of individuals and groups

Front 3

One’s persons interference with another’s rights either through intent, negligence, or strict liability

Back 3

Tort

Front 4

A person who commits a tort

Back 4

Tortfeasor

Front 5

What are the 3 elements of a tort?

Back 5

1.The possession of certain rights by an innocent party
2.A violation of those rights by a tortfeasor
3.A resulting injury that somehow hurts the person whose rights were violated

Front 6

Can a tort also be a crime?

Back 6

Yes - "assault" is an example

Front 7

What is the purpose of criminal law?

Back 7

To punish the offender

Front 8

What is the purpose of tort law?

Back 8

To compensate the victim

Front 9

What do you call the amount of money that the defendant has to pay to the victim?

Back 9

Damages

Front 10

Damages can be awarded to pay for …

Back 10

1.Medical expenses incurred
2.All expenses incurred by the victim
3.To repair or replace damaged property
4.Pain and suffering
5.Pay for lost wages

Front 11

What are the 2 types of torts?

Back 11

Intentional torts and Unintentional torts

Front 12

Actions that deliberately hurt, embarrass, or scare people

Back 12

Intentional Torts

Front 13

What are the 6 types of intentional torts covered in class?

Back 13

Assault, Battery, False Imprisonment, Defamation,Invasion of Privacy, Intentionally causing emotional distress

Front 14

Threatening or deliberately frightening another person into believing that he or she is about to be injured

Back 14

Assault

Front 15

the unlawful, unwanted, touching of another person even if the physical contact is not harmful.

Back 15

Battery

Front 16

The unlawful restraint of a person, whether in prison or otherwise.

Back 16

False Imprisonment

Front 17

The wrongful act of injuring another’s reputation by making false statements

Back 17

Defamation

Front 18

What are the 2 categories of "Defamation"?

Back 18

1. Libel
2. Slander

Front 19

A false statement in written or printed form that injures another’s reputation or reflects negatively on that person’s character

Back 19

Libel

Front 20

A false statement made orally to a third party that injures another’s reputation or reflects negatively on that person’s character

Back 20

Slander

Front 21

The statement was made with the knowledge that it was false or with a reckless disregard for whether it was true or false

Back 21

Actual Malice

Front 22

Interfering with a person’s right to be left alone.

Back 22

Invasion of Privacy

Front 23

The actual physical or electronic trespassing of someone’s home or other personal space (car, place of business, computer, etc.)

Back 23

Intrusion of Solitude

Front 24

A blatant, unauthorized commercial use of a public figures image

Back 24

Appropriation Invasion of Privacy

Front 25

Intentionally or recklessly causing emotional or mental suffering to others by extreme and outrageous conduct

Back 25

Infliction of emotional distress

Front 26

An individual is responsible for all injuries they cause even if a pre-existing condition exists that they did not know about (skull thin as an eggshell)

Back 26

Eggshell plaintiff rule

Front 27

Consists of land and anything permanently attached to that land.

Back 27

Real Property

Front 28

Consist of things that are movable.

Back 28

Personal Property

Front 29

What are the two types of trespass?

Back 29

Trespass to Land
Trespass to Property

Front 30

A tort that interferes with an owner’s right to exclusive possession of land

Back 30

Trespass to Land

Front 31

Land and anything built onto the land and things that are attached to the land permanently, growing on the land (can include things under the land like minerals and oil)

Back 31

Real Property

Front 32

Occurs whenever an individual unlawfully harms the personal property of another or otherwise interferes with the personal property owner’s right to exclusive possession and enjoyment of that property

Back 32

Trespass to Property

Front 33

Any property that can be moved from one place to another car, ipod, laptop, etc. (not permanently attached

Back 33

Personal Property

Front 34

Another name for personal property

Back 34

Chattel

Front 35

A tort that deprives a true owner of the use and enjoyment of his or her personal property by:
Taking over such property; and
Exercising ownership rights over it.

Back 35

Conversion of Personal Property

Front 36

A nuisance that affects only one other person

Back 36

Private Nuisance

Front 37

Is a danger likely to lure children onto a person's land.

Back 37

Attractive nuisance

Front 38

Publication of false or derogatory information about a person’s title to their property, to his or her business in general, or anything else made for the purpose of discouraging people from dealing with the individual

Back 38

Disparagement

Front 39

Is a false or misleading statement by an entrepreneur about a competitor's goods.

Back 39

Disparagement of goods

Front 40

An equitable legal theory which prohibits a party from waiting so long to file a claim that it becomes unfair to the other party.

Back 40

laches

Front 41

A legal duty requiring D to conduct himself according to a certain standard, so as to avoid unreasonable risk to others

Back 41

Duty of Care

Front 42

A defense against negligence whenever the defendant can show that the victim did something that helped cause (contributed to) their own injuries no matter how small a mistake

Back 42

Contributory Negligence

Front 43

the negligence of each party is compared and the amount of money a plaintiff can recover is reduced by the percent of his/her negligence

Back 43

Comparative Negligence

Front 44

If the plaintiff’s negligence is greater than the defendant’s negligence , then the plaintiff cannot recover any damages

Back 44

50% Rule

Front 45

A defense used against negligence that is raised when the plaintiff knew of the risk involved and still took the chance of being injured

Back 45

Assumption of Risk

Front 46

A legal doctrine that says that some activities are so dangerous that the people engaged in those activities will always be held liable

Back 46

Strict Liability

Front 47

When injury occurs because of a defect in a product

Back 47

Product Liability

Front 48

You may file a wrongful death suit against someone if the death of the victim was caused by what 2 circumstance?

Back 48

1. Negligence
2. Intentional conduct of the defendant