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Tort Law

memorize.ai (lvl 286)

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27 cards

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Section 1

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Slander

Front

1 / 27

Government Law Politics

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Last updated

6 years ago

Date created

Mar 14, 2020

Cards (27)

Section 1

(27 cards)

Slander

Front

the plaintiff must prove that actual harm has resulted from this an affected their reputation

Back

Defamation

Front

a "communication that tends to harm the reputation of another to lower his estimation in the community or deter third parties from associating with him

Back

negligence

Front

careless neglect, often resulting in injury

Back

Nuisance

Front

a person, thing, or circumstance causing inconvenience or annoyance

Back

Remedies to Torts

Front

money compensation for harm or loss

Back

Hot Coffee case

Front

Liebeck's attorneys argued that at 180-190, McDonald's coffee was defective, and was too hot/ more likely to cause serious injury than coffee served at any other establishment. McDonald's had refused several prior opportunities to settle for less than what the jury ultimately awarded ($160,000 for medical expenses and $2.7 million in punitive damages).

Back

Dangerous Activities and wild animals

Front

strict liability

Back

Battery

Front

it is the actual contact

Back

planitiff

Front

the person who has been hurt or suffered damage

Back

Tort

Front

when an individual suffers harm or loss because of someone else's wrongful conduct. someone whose rights have been violated

Back

Intentional Tort

Front

when someone intentionally wants to harm another

Back

False Imprisonment

Front

holding someone against their will without legal justification

Back

Infliction of emotional distress

Front

intentionally or reckless causing emotional or mental suffering to others

Back

Damages

Front

are paid to compensate the claimant for loss, injury, or harm suffered as a result of

Back

Strict Liability

Front

liability without fault (wild animals, dangerous activity, products)

Back

self defense

Front

defense to a tort

Back

Unintentional Tort

Front

not done on purpose or negligence

Back

Libel

Front

defamation that is written or communicated to a large audience

Back

Trespass

Front

entering someones property without permission

Back

Contributory Negligence

Front

Looks at how much the defendant contributed to their injuries

Back

Assault

Front

no contact but threats are made that might lead to battery

Back

defendant

Front

the person being accused of harming or breaching the duty of another person

Back

Comparative Negligence

Front

When the jury or judge compare the two parties negligence

Back

Breach of Duty

Front

when the defendant persons conduct falls below that of a reasonable person. failed to act as a reasonable person

Back

Assumption of Risk

Front

volunteers to enter dangerous situation and is fully aware of risk

Back

punitive damages

Front

damages exceeding simple compensation and awarded to punish the defendant

Back

Conversion

Front

unauthorized taking or borrowing of personal property of another for the use of the taker

Back