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Torts Law Terms

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A wrongful act or an infringement of a right leading to legal liability.

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Tort

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A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.

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Negligence

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A legal obligation that is owed or due to another and that needs to be satisfied; an obligation for which somebody else has a corresponding right.

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Duty of Care

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The breach of a public duty imposed by law which causes injury or damage.

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Public Nuisance

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An intentional act committed on someone else's property that substantially and unreasonable interferes with their property rights.

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Trespass to Land

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The intentional and unlawful taking of another person's property with the intent to permanently deprive them of it.

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Conversion

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A statement that defames or harms the reputation of another person.

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Defamation

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A false and malicious publication printed for the purpose of defaming a living person.

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Libel

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A spoken defamatory statement.

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Slander

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The intentional confinement of a person against their will.

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False Imprisonment

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A legal principle that holds a party responsible for the actions of their subordinates under their control.

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Vicarious Liability

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The interference with someone else's right to use and enjoy their property.

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Private Nuisance

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A type of liability that does not depend on actual negligence or intent to harm, but that is based on the breach of an absolute duty to make something safe.

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Strict Liability

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The event without which the injury would not have occurred.

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Cause in Fact

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A legal principle that mandates an individual to suffer the consequences of his or her actions or omissions, rather than pushing the responsibility onto someone else.

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Assumption of Risk

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Loss of future earning capacity due to an injury.

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Loss of Consortium

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A three-part test used to determine whether the defendant's negligence caused the plaintiff's harm.

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Palsgraf Test

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The concept that multiple parties can be held liable for the same event or transaction.

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Joint and Several Liability

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The legal responsibility of manufacturers and sellers to compensate for injury caused by defective products.

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Product Liability

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When one person owes another a duty of attentive, considerate behavior.

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Duty to Rescue

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The concept that minimal harm can still result in damages.

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Eggshell Skull Rule

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Unreasonably dangerous deviation from a safe norm, such as a manufacturer failing to meet its own product specifications.

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Manufacturing Defect

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A type of product defect that occurs when there are inadequate instructions or warnings that could prevent consumer injury.

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Warning Defect

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Legally, what the reasonable person would believe, perceive, or do in a particular situation.

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Reasonable Person Standard

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When someone commits a tortious act and is in violation of a contractual obligation.

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Tortious Interference

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Rights that can be protected and enforced through the legal system.

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Legal Rights

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An attempt to reconcile financial compensation for injury with a person's level of fault.

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Comparative Negligence

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A defense to negligence that bars any recovery from the plaintiff who has contributed to their own injury.

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Contributory Negligence

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A doctrine where the plaintiff's damage award is reduced by the percentage of their fault, to the extent of their own negligence, but not barred completely.

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Modified Comparative Negligence

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The idea that certain activities are so dangerous that liability will always follow any harm that results.

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Ultrahazardous Activity

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An absolute bar to the plaintiff's recovery in a tort action, based on their voluntary encounter with a known danger.

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Express Assumption of Risk

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A legal concept by which a defendant can argue that they were not the cause of the plaintiff's harm, suggesting the existence of an additional, intervening cause.

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Intervening Cause

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Damages awarded over and above compensatory damages, usually to punish the defendant for egregious conduct.

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Punitive Damages

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The sum intended to make up for actual loss, injury, or damage assessed by a court.

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Compensatory Damages

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A court-ordered act or prohibition against an act that redresses a wrong or protects a right.

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Injunction

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The responsibility for an accident or injury that can be attributed to the failing of another to act within the boundaries of reasonable conduct.

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Fault

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The standard of proof that must be met by a plaintiff if they wish to win a civil action.

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Preponderance of Evidence

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General term for suffering that cannot be attributed to economic losses like medical expenses or lost wages.

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Non-economic Damages

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Obligations that exist for the benefit of society and are enforced by the force of law and public agencies.

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Public Duties

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A type of negligence that can occur when an attorney provides legal services below the standard of care expected, causing harm to a client.

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Legal Malpractice

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A principle that limits damages the defendant must pay to only those harms they could have foreseen through their actions.

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Proximate Cause

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The initiation of a lawsuit to enforce a right or redress a wrong.

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Civil Action

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When someone who is not the original tortfeasor voluntarily assumes a duty through their actions and thus may become liable.

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Voluntary Undertaking

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A legal concept that protects a rescuer who voluntarily helps a victim in distress from being sued for wrongdoing.

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Good Samaritan Law

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A type of intentional tort that consists of a demeaning false statement made by one person about another, which is communicated to a third party.

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Character Defamation

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