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18 Cards in this Set
- Front
- Back
A civil wrong
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Tort
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Harms that result when parties perform intended acts
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Intentional Torts
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Conduct that results in damages 3 steps: 1. Duty 2. Breach of Duty 3. Causation
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Negligence (Elements)
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Imposition of liability because harm results
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Strict tort liability
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The wrong of asking a party to break a contract
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Interference with contact
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Wrongfully imprisoned, detention
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False imprisonment
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Can detain you if they have reason to believe you stole something ( 5-10 min)
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Shopkeepers Privilege
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conduct that can result in mental or physical distress e.g bill collector
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Intentional infliction of emotional distress
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discussing private info of an-others affairs
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Invasion of privacy
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illegal use of property or funds e.g Bette Midler case
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Misappropriation
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A hypothetical person with full knowledge and alertness, "the standard person"
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Reasonable and Prudent person
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defense to defamation that protects certain statements because of public interest such as testimony to a trial or media coverage
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Absolute privilege
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a defendant is liable to a plaintiff for all the natural and direct consequences of the defendant's wrongful act
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Damages (pain and suffering)
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The "but for" reason for an accident. A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others.
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Causation
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the foreseeability requirement of causation
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Proximate Cause
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negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff % based plaintiff partially at fault
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Comparative negligence
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behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence; "in common law any degree of contributory negligence would bar the plaintiff from collecting damages"
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Contributory negligence
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plaintiffs voluntary subjection to risk that caused injuries
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Assumption of risk
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