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Torts Law Principals

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Duty of Care

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A legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. Example: A business must ensure its premises are safe for customers.

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False Imprisonment

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An intentional act to confine a person against their will within fixed boundaries without legal authority. Example: Locking someone in a room without their consent and preventing them from leaving.

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Duty to Licensees

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The obligation a property owner owes to a licensee—someone who has permission to be on the property, such as a social guest—to warn of known dangerous conditions the licensee is unlikely to discover. Example: Warning a guest about a weak stair that might collapse.

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Strict Liability

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Legal responsibility for damages, or injury, even if the person found strictly liable was not at fault or negligent. Example: Owners of dangerous animals or people engaged in ultra-hazardous activities.

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Damages

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A monetary compensation awarded to the plaintiff to recover losses suffered through the defendant's illegal actions. Example: Payment for medical bills, lost wages, or pain and suffering after an accident.

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Assumption of Risk

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A defense in tort law which states that if a person voluntarily and knowingly assumes the risk of an activity, they cannot sue for damages. Example: A spectator at a baseball game who gets hit by a foul ball.

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Defenses to Negligence

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Legal justifications used to show that a defendant should not be held liable for the consequences of their actions. Examples: Contributory negligence, comparative negligence, and assumption of risk.

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Misrepresentation

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The action or offense of giving a false or misleading statement about a matter of fact. Example: A real estate agent claiming that a house is free of termites when it is not.

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Comparative Negligence

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A principle of tort law that compares the fault of the plaintiff with the fault of the defendant and reduces the damage award accordingly. Example: A plaintiff found to be 30% responsible for an accident may only recover 70% of damages.

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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. Example: Threatening someone with immediate harm coupled with the ability to carry out the threat.

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Product Liability

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The legal liability a manufacturer or trader incurs for producing or selling a faulty product. Example: A car manufacturer being held responsible for defective brakes that caused an accident.

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Duty to Trespassers

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The responsibililty a property owner owes to a person who enters their property without permission, which is typically limited to avoiding intentional harm. Example: Not setting dangerous traps for potential intruders.

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Injunction

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A court order compelling a party to do or cease doing a specific action. Example: A court order to stop a factory from releasing harmful chemicals into a river.

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Breach of Duty

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Occurs when an individual or entity fails to fulfill their duty of care towards others. Example: A doctor not providing the standard medical treatment to a patient.

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Intentional Torts

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A category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor (wrongdoer). Example: Assault, Battery, and Trespass.

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Res Ipsa Loquitur

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A doctrine of law that one is presumed to be negligent if they had exclusive control of whatever caused the injury even though there is no specific evidence of an act of negligence. Example: A barrel of flour falls from a baker's window, hitting a passerby.

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Trespass to Chattels

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The intentional interference with the right of the plaintiff to possess personal property. Example: Temporarily taking and using someone's bicycle without permission.

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Defamation

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An intentional false communication, either written (libel) or spoken (slander), that harms a person’s reputation. Example: Spreading untrue rumors about someone that affect their professional life.

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Malicious Prosecution

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A tort arising from wrongful litigation actions, where the plaintiff can prove the proceedings were pursued without reasonable or probable cause. Example: Person A sues Person B for theft without any evidence, solely to harass B.

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Slander of Title

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A false and malicious statement disparaging a person's title to property, leading to financial loss. Example: Falsely claiming ownership over a piece of land that another rightfully owns, which prevents them from selling the land.

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Causation

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In law, causation is the connection between the defendant's conduct and the resulting harm. Example: The negligence of a driver being the direct cause of someone's injury in an accident.

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Vicarious Liability

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A legal doctrine that assigns liability for an injury to a person who did not cause the injury but who has a particular legal relationship to the person who did act negligently. Example: An employer may be held liable for the actions of an employee.

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Fraud

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A deliberate deception to secure unfair or unlawful gain. Example: A contractor overcharging a client for building materials that were never used or necessary for the project.

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Economic Torts

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Torts that provide remedies for the intentional infliction of harm to another's financial interests. Example: Intentional interference with contractual relations, business prospects, or economic advantage.

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Negligence

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Failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. Example: A driver not stopping at a red light, causing an accident.

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Contributory Negligence

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A defense to negligence which claims that the plaintiff was also negligent, and that their negligence contributed to their injury or loss. Example: A pedestrian jaywalking may be found contributory negligent if hit by a car.

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Trespass to Land

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An intentional intrusion on the real property of another without permission or legal justification. Example: A person entering someone's fenced property without permission.

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Attractive Nuisance

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A legal doctrine that applies when a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children. Example: An unsecured construction site with heavy machinery that attracts children.

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Battery

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The intentional and offensive or harmful contact with another person without their consent. Example: Punching someone in the face during an argument.

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Nuisance

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The law of nuisance provides a remedy for an owner or occupier of land who is subjected to an interference with their enjoyment of the land. Example: A factory emitting pollutants that affect the homes nearby.

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Tortfeasor

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The person or entity that commits the wrong in a tort case. Example: A business that disposes of waste inappropriately, contaminating local water supplies.

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Conversion

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An intentional tort to personal property that results in the unlawful and wrongful taking of someone else's property. Example: Selling someone else's car without their permission.

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Duty to Invitees

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The responsibility a property owner has to ensure that the property is safe for an invitee—someone who enters the property for the owner's benefit, such as a customer. Example: Regularly inspecting and cleaning a store floor to prevent customer slips and falls.

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Breach of Warranty

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Violation of a guarantee in a contract, where the goods or services provided fail to meet the terms of the warranty. Example: A waterproof watch that malfunctions when exposed to water.

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Invasion of Privacy

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The unjustifiable intrusion into the personal life of another without consent. Example: Unauthorized use of someone's photo for commercial advertising.

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Abuse of Process

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The use of legal process for a purpose other than that which the law was designed for. Example: Using a civil lawsuit as a tool to extort money from an individual rather than to resolve a legitimate legal dispute.

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