Torts

Torts - Term Definition Tort Civil wrongs not from contract...

Info icon This preview shows pages 1–5. Sign up to view the full content.

View Full Document Right Arrow Icon
Term: Tort Definition: Civil wrongs; not from contract breach but a breach of legal duty owed by the defendant to the plaintiff; breach must be proximate cause of the harm doe to the plaintiff Term: Purpose of tort law Definition: Purpose is to provide remedies for invasions of protected interests Term: Four elements of negligence Definition: 1. Did the defendant owe a duty of care to plaintiff? -2. Did the defendant breach that duty? - 3. Did the plaintiff suffer a legally recognizable injury as a result of the defendants breach of the duty of care? - 4 did the defendants breach cause the plaintiffs injury? Term: Three defenses to negligence Definition: Assumption of risk- contributory negligence - comparative negligence - last clear chance
Image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Term: Strict lliability Definition: Liability without fault - for those merchants who introduce into commerce a good that is unreasonably dangerous when in a defective condition The most common causes of strict liability are: 1. Abnormally dangerous activities 2. Dangerous animals 3. Products liability 1. Harmful or defective 2. Failure to warn Term: What is a Cyber Tort? Definition: Is a tort committed in Cyber space Term: Compensatory damages (compensate) Definition: A. Special damages (specific) - covers quantifiable losses ( receipt, loss wages, etc. required) B. General Damages (bicker) - non - monetary harm amounts (mental/physical) (pain & suffering) (loss companion) (legal term for no sex) detour others only awarded
Image of page 2
Term: Punitive Damages (punish) Definition: The purpose of punitive damages is to punish a defendant and to deter a defendant and others from committing similar acts in the future. Term: Intentional torts require _____? Definition: Intent Term: Intentional tort Definition: Any intentional, unexcused act, or threat of immediate harmful or offensive contact, such as words or acts that create in another person a reasonable apprehension or fear of harmful contact - interest Protected is freedom from having to expect harmful offensive contact Term: Defenses of intentional torts Definition: Consent - self-defense - defense of others - defense of property
Image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Term: Intentional battery Definition: The completion of the act that cause the assault, if it results in harm to the plaintiff. - an unexcused, harmful, or
Image of page 4
Image of page 5
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern