Explore tens of thousands of sets crafted by our community.
Torts and Compensations
29
Flashcards
0/29
Strict Liability
Legal responsibility for damages without the need to prove negligence or fault. Example: Owning a wild animal that injures someone.
Proximate Cause
An event sufficiently related to a legally recognizable injury to be held to be the cause of that injury. Example: A store owner leaving a floor wet without a sign, leading to a customer slipping.
Intentional Torts
Torts committed by someone acting with general or specific intent. Example: Assault, Battery, False imprisonment.
Duty of Care
A legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. Example: A doctor's duty to their patient.
Causation
A link between one's act and the injury to another. It includes both 'cause in fact' and 'proximate cause'. Example: A construction company failing to secure a site, leading to a pedestrian's injury.
Negligence
A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. Example: A driver not stopping at a stop sign, causing an accident.
Breach of Duty
A violation of the duty of care, which is not doing what a reasonable person would do in a similar situation. Example: A lifeguard not paying attention while someone drowns.
Damages
A sum of money claimed or awarded in compensation for a loss or an injury. Example: Medical expenses from a car accident paid by the responsible party.
Vicarious Liability
Responsibility of the superior for the acts of their subordinate. Example: An employer may be held liable for the actions of its employees.
Defamation
Act of harming the reputation of another by making a false statement to a third person. Slander is spoken defamation; libel is written. Example: Spreading untrue rumors hurting someone's business.
Assault
An act that creates an apprehension in another of an imminent, harmful, or offensive contact. Example: Threatening someone with a raised fist.
Contributory Negligence
A failure by a plaintiff to act prudently, considered a contributory factor in the harm they suffered. Example: A pedestrian not using a crosswalk when hit by a car.
False Imprisonment
Unlawful restraint or restriction of a person's freedom of movement. Example: A security guard locking a shopper in a room accusing them of theft without proof.
Compensatory Damages
Money awarded to a plaintiff to compensate for damages, injury, or another incurred loss. Example: Payment for medical bills, lost wages, and pain and suffering.
Trespass to Land
Entry onto the land of another without permission or legal right. Example: A neighbor walking into your backyard without consent.
Nuisance
An act that disturbs the use or enjoyment of property. Example: Excessive noise from a neighbor's property.
Punitive Damages
Damages exceeding simple compensation and awarded to punish the defendant. Example: A company knowingly selling dangerous products may have to pay these in addition to actual damages.
Battery
The actual intentional striking of someone, with intent to harm, or in a rude and insolent manner even if the injury is slight. Example: Hitting a person during a fight.
Assumption of Risk
A defense in tort law under which a person cannot recover for the injuries or damages that result from activities in which they willingly chose to expose themselves to a known risk. Example: Getting injured while skydiving after signing a waiver.
Res Ipsa Loquitur
A doctrine of law that one is presumed to be negligent if they had exclusive control of whatever caused the injury even though there is no specific evidence of an act of negligence. Example: Surgery tools left inside a patient after an operation.
Economic Loss Rule
A principle that prevents recovery of damages for purely monetary loss not resulting from personal injury or damage to property. Example: Lost profits due to a breach of contract without property damage.
Joint and Several Liability
A legal doctrine under which each party responsible for an injury is liable for the whole injury if the other parties cannot pay. Example: Multiple parties causing a pollution spill may each be liable for the total damages.
Product Liability
The legal responsibility a manufacturer or trader incurs for producing or selling a faulty product. Example: A car manufacturer being held liable for a defective brake system.
Comparative Negligence
A rule of law applied in accident cases to determine responsibility and damages based on the negligence of every party directly involved in the accident. Example: A car accident where both drivers are found to be partially at fault.
Tortious Interference
Intentional act of an entity to interfere with the contractual or business relationships of another entity with the intent to cause economic harm. Example: A company sabotaging another's business deals.
Dram Shop Laws
Laws that impose liability on bars, clubs, and other establishments that serve alcohol to a visibly intoxicated person who then causes injury to others. Example: A bar serving alcohol to an already drunk person who later causes a car accident.
Invasion of Privacy
An intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages. Example: Unauthorized public disclosure of private facts.
Conversion
An unauthorized act that deprives an owner of personal property without their consent. Example: Taking someone else's car for a drive without permission.
Sovereign Immunity
A legal doctrine that a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution. Example: A citizen cannot sue the government for damages caused by legislative decisions.
© Hypatia.Tech. 2024 All rights reserved.