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10 Cards in this Set
- Front
- Back
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Tort |
Wrongful Act causing harm to person or property of another (a civil wrong) -about apportioning loss - "compensation" -initially the law did not concern itself with fault: "strict liability" (conduct intention causation) |
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Tort evolved to a modern system that now looks at: |
1) Fault - unjustifiable injurious conduct that intentionally or carelessly disregards the interests of others. 2) Causation |
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Strict Liability |
-still exists -often by legislation -usually deals with activities that are inherently dangerous |
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No-fault schemes |
-insurance -web - alternative compensation scheme (alternation to litigating) |
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vicarious liability |
liable for the tort of other party |
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Types of torts |
1) intentional 2) unintentional must be some type of harm or damage that can be compensated |
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Intentional Torts |
Assault, Battery, False Imprisonment, Nuisance (public and private), Defamation, Inducing Breach of Contract, Unlawful Interference in Business Relations, Passing Off |
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Passing off |
passing off something that is not yours as yours. Or something of mine as something different |
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Trespass (two types) |
1. Trespass to Land -Going onto another's land without permission -can be deliberate or unintentional -visitors can become trespassers -permanent incursion-trespass 2. Trespass to Chattels (goods) -direct interference with the goods of another -conversion -detinue |
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Negligence |
Probably the most common tort Elements: 1. Duty of Care 2. Breach of Duty/Standard (that of a "Reasonable person"; risk of injury may affect standard) 3. Causation ("physical":but-for; legal-remoteness as to the type of injury) 4. Loss |
