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Torts Basics
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Nuisance
An act that harms or interferes with the use and enjoyment of someone’s property. Common examples include noise, pollution, and illegal gambling operations.
Infliction of Emotional Distress
Extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress to another. Examples include extreme bullying, stalking, and concerted harassment campaigns.
Breach of Duty
When someone fails to live up to their established duty of care, potentially causing harm to others. Examples include a doctor missing a crucial diagnosis or a driver running a red light.
Duty to Trespassers
Landowners have limited duties to trespassers, primarily to avoid intentional or willful harm. However, the duty can be higher for children if there is an attractive nuisance, like an unsecured pool.
Duty to Licensees
The duty to warn or make safe known dangers that licensees cannot reasonably be expected to discover on their own. A licensee is someone who enters property for their own purpose, like a social guest.
Loss of Consortium
Damages awarded to a spouse or family member for loss of companionship, affection, assistance, and sexual relations due to the injury or death of a loved one.
Strict Liability
Liability that does not depend on actual negligence or intent to harm. Strict liability is often applied in cases involving abnormally dangerous activities, animal attacks, and product liability.
Libel
The publication of false and defamatory statements in a permanent form, such as written print or online. Libel is easier to prove than slander because it is tangible. An example is a false article that harms one's reputation.
Nuisance per se
A nuisance that is inherently harmful regardless of the circumstances or location, often because it is against the law. Operating a factory that releases toxic waste can be considered a nuisance per se.
Malicious Prosecution
Initiating a criminal or civil legal action against someone without probable cause, and for reasons other than bringing the offender to justice. Commonly associated with causing unnecessary legal trouble to harass or intimidate.
Fraud
An intentional misrepresentation of material fact by one party to another, made to induce the other party to rely on it to their detriment. Examples include Ponzi schemes and false advertising.
Breach of Fiduciary Duty
A failure by a trustee or fiduciary to act in the best interest of the beneficiary or principal. Commonly occurs in legal, financial, and trustee relationships.
Vicarious Liability
Liability assigned to one person for the torts committed by another. Commonly, employers are held vicariously liable for the torts of their employees if committed in the course of employment.
Trespass to Land
The unlawful intrusion onto someone's real property. This can be intentional or unintentional. Common examples involve entering without permission or causing an object to enter someone’s property.
Conversion
The wrongful possession or disposal of someone else’s property as if it were one's own. Examples include theft, receiving stolen goods, and permanently damaging someone’s belongings.
Private Nuisance
An act affecting the use and enjoyment of private property without causing physical damage. Examples include excessive noise from a neighbor or odor from a badly managed restaurant.
Economic Torts
Torts that cause financial harm through interference with economic interests. Examples include passing off (selling goods under another's brand), trade libel, and tortious interference with contract.
Intentional Torts
Torts committed with the intention of doing harm or with knowledge that harm is likely to occur. Common examples include assault, battery, false imprisonment, trespass, and intentional infliction of emotional distress.
Annoyance and Disturbance
Acts that are not substantial enough to be classified as nuisances, but still affect the comfort or convenience of an individual. Examples include persistent telemarketing calls and minor inconveniences caused by a neighbor.
Defamation
The act of harming the reputation of another by making false statements. Defamation is commonly broken down into slander (spoken defamation) and libel (written or published defamation).
Abuse of Process
Misusing the legal process for a purpose for which it was not intended, commonly for personal gain or to harm another party. This could include using a restraining order to gain a tactical advantage in a divorce.
Duty of Care
A legal obligation that requires a standard of reasonable care while performing acts that could foreseeably harm others. For example, drivers have a duty to follow traffic laws to avoid accidents.
Breach of Contract
While not a tort in itself, it often leads to a tort action of negligent misrepresentation. It occurs when one party violates the terms of a contractual agreement, leading to harm to the other party.
Slander
The public uttering of false words that damage someone's reputation. Slander is spoken defamation and requires proof of damages. An example is falsely telling others that a person has committed a crime.
Duty to Invitees
Owed the highest duty of care, which includes inspecting premises and protecting invitees from foreseeable harm. Invitees are typically customers in a store or business.
Environmental Tort
A civil wrong arising from the contamination of air, water, or soil, and exposure to toxic substances. Examples include oil spills and improper chemical waste disposal.
Trespass to Chattels
Intentional interference with a person's use or possession of personal property without consent or legal justification. Examples include borrowing without permission and temporary disruption of possession.
Public Nuisance
An act that is a nuisance at a communal level, affecting the general public or community. Examples include polluting a water source or obstructing a public road.
Privacy Torts
Legal actions based on the violation of personal privacy, including intrusion upon seclusion, appropriation of name or likeness, public disclosure of private facts, and false light.
Assault
An intentional act that causes a reasonable apprehension of an imminent harmful or offensive contact. Even without physical contact, threatening gestures may constitute an assault if they cause fear.
Negligence
Failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. Common examples include car accidents due to careless driving, slip and fall incidents on unsafe premises, and medical malpractice.
Battery
Intentional and unlawful physical contact or offensive touching of another person without their consent. Examples include punches, slaps, or even unwanted touching.
Causation
The principle that the breach of duty must have caused the harm for liability in a negligence suit. It includes 'cause in fact' and 'proximate cause'. An example is a car accident that is a direct result of a traffic violation.
Damages
A monetary sum awarded to an injured party in a civil suit as compensation for harm suffered. This can include medical expenses, lost wages, pain and suffering, and more.
Professional Malpractice
The failure of a professional, such as a doctor, lawyer, or accountant, to provide services with the skill and care that is commonly expected in their profession. This can lead to injury or financial loss.
Product Liability
The legal responsibility of a seller or manufacturer for selling or making available a defective product that causes injury or harm. Common examples include faulty machinery, contaminated food, and defective pharmaceuticals.
Attractive Nuisance Doctrine
A landowner's duty to protect children from harm caused by potentially dangerous objects or conditions on their property that are likely to attract children, such as swimming pools, abandoned cars, or machinery.
Tortious Interference
Intentionally damaging someone's business or contractual relationships. Examples include encouraging a break of contract or disrupting a business deal through unfair competition.
Defenses to Negligence
Legal defenses used to counteract negligence claims, including comparative negligence, contributory negligence, assumption of risk, and the statute of limitations.
False Imprisonment
Intentional confinement of a person against their will without lawful justification. Examples include locking someone in a room, detaining someone without proper authority, or using threats to prevent someone from leaving.
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