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Tort Law Basics

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Intentional Torts

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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.

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Duty of Care

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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.

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Infliction of Emotional Distress

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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.

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Defamation

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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.

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Strict Liability Torts

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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.

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Product Liability

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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.

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Fraud

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Fraud is a deliberate deception to secure an unfair or unlawful gain. Example: Misrepresenting the financial status of a company to investors.

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Comparative Negligence

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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.

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Tort Reform

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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.

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Economic Torts

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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.

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Duty to Licensees

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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.

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Trespass to Land

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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.

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Occupiers' Liability

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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.

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Duty to Invitees

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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.

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Negligence

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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.

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Trespass to Chattels

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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.

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Invasion of Privacy

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Invasion of privacy occurs when someone intrudes upon another's reasonable expectation of privacy. Example: Tapping someone's phone call without their knowledge.

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Statute of Limitations

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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.

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Causation

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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.

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Damages

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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.

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Contributory Negligence

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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.

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Vicarious Liability

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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.

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Assumption of Risk

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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.

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Battery

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Battery is an intentional tort involving unlawful and harmful or offensive physical contact with another person. Example: Striking someone in a fight constitutes battery.

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Private Nuisance

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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.

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False Imprisonment

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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.

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Tort

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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.

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Res Ipsa Loquitur

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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.

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Nuisance

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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.

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Defenses to Negligence

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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.

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Breach of Duty

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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.

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Public Nuisance

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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.

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Conversion

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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.

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Duty to Trespassers

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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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