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Legal Concepts in Tort Law

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Duty of Care

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A legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing acts that could foreseeably harm others. In tort law, establishing a duty of care is fundamental to a negligence claim.

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False Imprisonment

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The unlawful restraint of a person without consent or legal justification. Tort law recognizes this as a serious violation of personal freedom and provides remedies accordingly.

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Conversion

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An act of wrongfully taking or using the property of another as if it were one's own. In tort law, conversion is a serious offense, and the injured party may recover the full value of the property.

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Battery

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The intentional and offensive touching of another without lawful justification. In tort law, battery is actionable, and consent can be a defense to a battery claim.

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Infliction of Emotional Distress

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A tort claim that involves causing severe emotional distress through extreme or outrageous conduct. In tort law, such claims must typically prove that the conduct was intentional or reckless.

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Intentional Torts

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Torts where the defendant is determined to have acted with the intent to cause harm or offense. In tort law, this category includes acts such as assault, battery, and trespass.

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Trespass to Land

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An unauthorized entry onto land owned by another person. Under tort law, this can lead to a claim for damages or an injunction to prevent further trespass.

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Trespass to Chattels

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The intentional interference with the personal property of another without consent. In tort law, this can result in compensatory damages for the harm or loss caused.

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Causation

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A principle in tort law that requires the plaintiff to prove the defendant's breach of duty directly caused their injury, involving both 'cause in fact' and 'proximate cause'.

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Damages

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A monetary sum awarded to a plaintiff to compensate for the harm suffered as a result of the defendant's actions. In tort law, damages are a critical component as they measure the extent of harm and compensation.

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Defamation

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The act of harming another person's reputation by making false statements. Tort law protects individuals from defamation through lawsuits, allowing for damages to be recovered if harm is shown.

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Negligence

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Failure to take proper care in doing something, resulting in harm to others. It is crucial to tort law as it forms the basis for holding individuals or entities legally accountable for the harm they cause due to their carelessness.

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Strict Liability

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Holds a defendant liable for his or her actions regardless of fault or intent. Common in tort law where activities are dangerous, and harm is inherent, such as with hazardous materials.

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Breach of Duty

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Occurs when one fails to meet their duty of care, which can lead to legal liability if this breach results in harm to another person. Tort law examines the breach to determine if negligence occurred.

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Product Liability

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The legal responsibility of a manufacturer or vendor for selling a defective product that causes injury. In tort law, product liability claims are based on negligence, strict liability, or breach of warranty.

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Assault

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An intentional act that creates a reasonable apprehension in another of imminent harmful or offensive contact. In tort law, assault does not require actual physical contact.

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Nuisance

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A person's right to use and enjoy their property is compromised by another's interference. In tort law, public and private nuisance claims protect property rights.

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Attractive Nuisance

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A doctrine applying to the law of torts in which a landowner may be held liable for injuries to children trespassing on the land if an injury is caused by an object likely to attract children. Tort law imposes a duty to protect children in such cases.

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Tortious Interference

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Intentional acts by a defendant aimed at damaging the plaintiff's contractual or business relationships. Tort law allows for this claim when there's an illegal interference with the plaintiff's rights.

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Contributory Negligence

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An old common-law defense, which says if the plaintiff in a negligence claim was also negligent, they could not recover damages. The strictness of this rule has been mitigated by comparative negligence schemes.

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Invasion of Privacy

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The intrusion upon the personal life of another without just cause, which can involve instances such as unauthorized publishing of private facts. In tort law, individuals have the right to sue for invasion of privacy.

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Comparative Negligence

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A principle of tort law where the plaintiff's damages are reduced by the percentage that the plaintiff is found to be at fault for the harm suffered. There are pure and modified comparative negligence systems.

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Vicarious Liability

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A legal doctrine whereby an individual or entity (such as an employer) is held liable for the torts committed by another party (such as an employee) in the course of their employment.

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Res Ipsa Loquitur

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A doctrine in tort law meaning 'the thing speaks for itself,' indicating that the defendant's negligence may be presumed from the nature of an accident or injury, without direct evidence of how the defendant behaved.

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Joint and Several Liability

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A legal principle allowing a plaintiff to recover compensations from multiple defendants individually or together, depending on their respective share of liability in a tort claim.

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Punitive Damages

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Monetary compensation awarded to a plaintiff that goes beyond what is necessary to compensate for losses and to punish a defendant for particularly egregious behavior.

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Wrongful Death Action

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A legal suit filed against someone who is responsible for causing a death, whether through negligence or intentional harm, thereby entitling the deceased person’s survivors to damages.

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Economic Loss Rule

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A doctrine which provides that if a plaintiff sues for negligence, they may not recover their purely economic losses unless they can show harm to a person or property.

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Eggshell Skull Rule

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A legal doctrine which holds that a tortfeasor is liable for the full extent of a plaintiff's injury, even if the injury is more severe than could have been reasonably foreseen due to an underlying condition.

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Statute of Limitations

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A law establishing a time limit for bringing a lawsuit. In tort law, once the statute of limitations has expired, the potential plaintiff loses the right to file a lawsuit for damages.

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Duty to Trespassers

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The obligation of a property owner to avoid willful and wanton harm to a trespasser. Tort law traditionally provides limited duty to trespassers unless there are attractive nuisances.

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Assumption of Risk

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A defense in tort law that may be used when the plaintiff has knowingly and voluntarily taken on a risk inherent to a dangerous activity, potentially reducing the responsibility of the defendant.

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Loss of Consortium

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A tort claim for damages suffered by the spouse or family member of a person who has been injured or killed as a result of the defendant's negligent or intentional act.

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Survival Action

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Legal action that allows an estate to recover losses on behalf of a deceased individual who was killed as a result of the defendant's tortious conduct.

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Palsgraf v. Long Island Railroad Co.

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A landmark 1928 case in tort law that established the principle of proximate cause under the American legal system.

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