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