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Tort Law Elements
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Flashcards
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Duty
The legal obligation to adhere to a standard of reasonable care while performing any acts that could foreseeably harm others.
Breach of Duty
A violation of the legal standard of care, where a person's conduct falls below the level of care recognized as the duty of care.
Cause in Fact
Establishes that the defendant's conduct actually caused the plaintiff's harm or injury, often determined by the 'but-for' test.
Proximate Cause
The legal determination that the defendant's actions are closely enough related to the plaintiff's injury to justify holding the defendant liable.
Damages
Monetary compensation awarded to the plaintiff for losses suffered due to the defendant's tortious conduct.
Intent
The defendant's state of mind in which they understand the consequences of their actions, relevant in intentional torts like battery or trespass.
Trespass to Land
An unlawful entry onto someone's property without permission, resulting in interference with the person’s right to exclusive possession of their property.
Trespass to Chattels
Interference with a person's right to possession of personal property, either by unlawful taking or by causing damage to the property.
Negligence
A tort that arises from the failure to exercise reasonable care towards others that a reasonably prudent person would do in the circumstances, or taking actions that such a person would not.
Defamation
An act of communication that causes harm to a person's reputation by making false statements to a third party, can be libel (written) or slander (spoken).
Battery
An intentional unpermitted act causing harmful or offensive contact with the 'person' of another.
Assault
An intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.
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