Tort Law

tort

any wrongdoing that results in a n injury, other than breach of contract, for which the court will give damages

civil wrong

injury or damage that is not the result of a crime

remedy

to enforce a right, cure a wrong, or compensate an injury

misstatement

a statement that are false, misleading or contains a mistake

trespass

unlawful invasion of the person, property or rights of another

assault

intentional attempt or threat

negligence

failure to be careful as the law demands

fraudulent misrepresentation

the act of misleading

interference in contractual relations

tort of intentionally causing a breach of a valid contract

unfair business practices

acts by business against consumer which are misleading or fraudulent

intentional torts

non-criminal, non-contractual injury in which the person who caused it intended to cause injury

negligent torts

unintended injury caused by lack of care or failure to act, in contrast to an intentional tort

strict liability torts

`where liability is imposed for damages caused regardless of fault or intent. That means the victim does not need to prove negligence.

liable

to be legally responsible

standard of proof

amount of evidence needed in a certain type of case

conviction

finding of guilt in a criminal case

liability

legal responsibilty

tortfeasor

person who commits a tort

sue for

to start civil proceedings in court

injunction

official order from a court for a person to do or stop doing something

tortious conduct

wrongful acts in the nature of a tort

compensatory damages

as a result of a lawsuit, the award of an amount of money to the injured party in an amount equivalent to the financial value of his injury

punitive damages

compensation designed to punish the breaching party for conduct found to be reprehensible (e.g. fraud)

loss of earnings capacity

to lose one's ability to make a living

future expected losses

a financial loss which can be reasonably expected to occur in the future

pain and suffering

physical, mental, and emotional distress or trauma for which compensation is given in a tort case

reasonable medical expenses

cost of medical care for injuries caused by a tort for which compensation is given in a tort case

assumption of risk

a defense raised in personal injury lawsuits. The defense claims that the plaintiff knew that a particular activity was dangerous and thus bears all responsibility for any injury that resulted.

contingency fee

Lawyers get 33.3 to 50% of the awards paid out to the defendant

duty to mitigate

the principle that a party who has suffered loss (from a tort or breach of contract) has to take reasonable action to minimize the amount of the loss suffered

duty to warn

[blank] indicates that a party will be held liable for injuries caused to another, where the party had the opportunity to warn the other of a hazard and failed to do so.

foreseeability

common test of proximate cause under the American legal system. It determines if the harm resulting from an action could reasonably have been predicted.

informed consent

[blank] is a process for getting permission before conducting a healthcare intervention on a person.

Joint or several Liability

when two or more persons are responsible in respect to the same responsibility; can be joint or several

Proximate cause

an event sufficiently related to a legally recognisable injury to be held to be the cause of that injury.

Reasonable Expert Standard

reasonable person consequence; having any particular, heightened skills

Reasonable Person Standard

reasonable person consequence, without having any special abilities or skills