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Tort Law Elements

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Intent

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The defendant's state of mind in which they understand the consequences of their actions, relevant in intentional torts like battery or trespass.

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Negligence

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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.

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Duty

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The legal obligation to adhere to a standard of reasonable care while performing any acts that could foreseeably harm others.

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Assault

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An intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.

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Trespass to Chattels

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Interference with a person's right to possession of personal property, either by unlawful taking or by causing damage to the property.

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Breach of Duty

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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.

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Battery

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An intentional unpermitted act causing harmful or offensive contact with the 'person' of another.

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Cause in Fact

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Establishes that the defendant's conduct actually caused the plaintiff's harm or injury, often determined by the 'but-for' test.

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Defamation

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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).

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Proximate Cause

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The legal determination that the defendant's actions are closely enough related to the plaintiff's injury to justify holding the defendant liable.

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Trespass to Land

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An unlawful entry onto someone's property without permission, resulting in interference with the person’s right to exclusive possession of their property.

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Damages

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Monetary compensation awarded to the plaintiff for losses suffered due to the defendant's tortious conduct.

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