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Tort Law Basics
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Intentional Torts
Intentional torts are wrongful acts done on purpose to cause harm to another person. Example: Assault, which involves creating a fear of imminent harmful or offensive contact.
Duty of Care
Duty of care is the legal obligation to avoid causing harm and arises from the relationship between the parties. Example: A doctor's obligation to provide competent medical care to a patient.
Infliction of Emotional Distress
Infliction of emotional distress is an intentional act causing another person severe emotional suffering. Example: A pattern of harassment that results in significant psychological trauma.
Defamation
Defamation is the act of harming the reputation of another by making a false statement to a third person. Example: Spreading false rumors that harm a person's business reputation.
Strict Liability Torts
Strict liability torts are where the defendant is liable for committing an act, regardless of intent or negligence. Example: Manufacturers are strictly liable for damages caused by defects in their products.
Product Liability
Product liability is the legal responsibility of a manufacturer or vendor for selling a defective product that causes injury or damage. Example: A car company being sued for a defective brake system that led to an accident.
Fraud
Fraud is a deliberate deception to secure an unfair or unlawful gain. Example: Misrepresenting the financial status of a company to investors.
Comparative Negligence
Comparative negligence is a defense that reduces the plaintiff's damages in proportion to their degree of fault. Example: A driver who was speeding and is deemed to be 30% responsible for an accident may have their damages award reduced by that percentage.
Tort Reform
Tort reform refers to proposed changes in the civil justice system that aim to reduce tort litigation or damages. Example: Implementing caps on punitive damages to lower the cost of liability insurance.
Economic Torts
Economic torts are wrongful actions that cause economic harm. Example: Unlawful interference with a business's right to trade by spreading false information about it.
Duty to Licensees
The duty to licensees requires a property owner to warn licensees of unsafe conditions that are not obvious. Example: A homeowner must inform guests of a broken step that is not readily apparent.
Trespass to Land
Trespass to land involves the unauthorized or unlawful intrusion onto someone else's property. Example: Entering someone's private land without permission and refusing to leave when asked.
Occupiers' Liability
Occupiers' liability concerns the duty owed by those in control of premises to those who come onto the premises. Example: A store owner liable for injuries a customer sustained due to a poorly maintained entranceway.
Duty to Invitees
The duty to invitees is the obligation to ensure that a property is safe for visitors. Example: A grocery store has a duty to clean up spills promptly to prevent slip-and-fall accidents.
Negligence
Negligence is the failure to take proper care in doing something, which results in damage or injury to another. Example: A driver not paying attention and causing a car accident.
Trespass to Chattels
Trespass to chattels involves the interference with another person's right to possess personal property. Example: Borrowing someone's car without permission and causing damage to it.
Invasion of Privacy
Invasion of privacy occurs when someone intrudes upon another's reasonable expectation of privacy. Example: Tapping someone's phone call without their knowledge.
Statute of Limitations
The statute of limitations is the time period within which a tort claim must be filed. Example: A personal injury lawsuit generally must be filed within 2 years of the incident.
Causation
Causation in tort law refers to the requirement that the defendant's breach of duty must have caused the plaintiff's damages. Example: A person suffering an allergic reaction because a restaurant negligently served them food containing an allergen.
Damages
Damages are monetary compensation that a plaintiff can receive as a remedy for a tort committed by the defendant. Example: Payment for medical bills as a result of someone's negligence.
Contributory Negligence
Contributory negligence is a defense where the plaintiff's own negligence contributed to their harm, potentially barring recovery. Example: A pedestrian is hit by a car but was jaywalking at the time of the accident.
Vicarious Liability
Vicarious liability is a legal concept where one party is held liable for the actions of another party, such as an employer for the actions of an employee. Example: A delivery company held responsible for a traffic accident caused by one of its drivers.
Assumption of Risk
Assumption of risk occurs when a person voluntarily takes on a known risk, potentially limiting the defendant's liability. Example: A spectator injured by a foul ball at a baseball game may not recover damages if it's established they assumed the risk of such injury by attending.
Battery
Battery is an intentional tort involving unlawful and harmful or offensive physical contact with another person. Example: Striking someone in a fight constitutes battery.
Private Nuisance
Private nuisance is a civil wrong that affects a person's enjoyment of their property. Example: A factory emitting strong odors that interfere with a neighbor's comfort at home.
False Imprisonment
False imprisonment is the act of restraining a person's freedom of movement without legal authority, justification, or their consent. Example: A security guard detaining a shopper in a store against their will without any evidence of wrongdoing.
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, leading to legal liability for the person who commits the tortious act. Example: Battery, which involves intentional and harmful physical contact.
Res Ipsa Loquitur
Res Ipsa Loquitur is a doctrine allowing plaintiffs to infer negligence when the cause of their injury was in the exclusive control of the defendant. Example: An anesthesia error that occurs during surgery, suggesting negligence by the medical staff.
Nuisance
Nuisance is an act that interferes with someone's enjoyment of their property or rights. Example: Playing loud music at night that disturbs the neighbors' peace.
Defenses to Negligence
Defenses to negligence are legal arguments that can limit or eliminate a defendant's liability. Example: Contributory negligence where the plaintiff is also found to be at fault for their own injuries.
Breach of Duty
Breach of duty occurs when an individual or entity fails to fulfill their duty of care. Example: A business failing to remove ice from its storefront walkway, resulting in a customer slipping and getting injured.
Public Nuisance
Public nuisance is an act that obstructs or causes inconvenience or damage to the public. Example: Dumping waste into a river, affecting water quality for downstream communities.
Conversion
Conversion is an intentional tort involving the taking or use of someone else's property without permission, effectively denying them the rights associated with ownership. Example: Selling artwork that was borrowed from a friend without the friend's consent.
Duty to Trespassers
The duty to trespassers is the limited duty of care owed by property owners not to willfully or wantonly injure trespassers. Example: A property owner cannot set harmful traps for potential trespassers.
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