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10 Cards in this Set

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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)

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

Strict Liability

-still exists

-often by legislation

-usually deals with activities that are inherently dangerous

No-fault schemes


-web - alternative compensation scheme (alternation to litigating)

vicarious liability

liable for the tort of other party

Types of torts

1) intentional

2) unintentional

must be some type of harm or damage that can be compensated

Intentional Torts

Assault, Battery, False Imprisonment, Nuisance (public and private), Defamation, Inducing Breach of Contract, Unlawful Interference in Business Relations, Passing Off

Passing off

passing off something that is not yours as yours. Or something of mine as something different

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




Probably the most common tort


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