Torts
designed to compensate those who have suffered a loss/injury from another's wrongful act
compensatory damages
designed to compensate or reimburse the plaintiff for actual losses (often broken down into special and general damages)
special damages
compensate plaintiff for quantifiable losses
general damages
compensate individuals for non-monetary aspects, including pain/suffering
punitive damages
to punish the wrongdoer and deter other from repeating the action
gross negligence
intentional failure to perform a duty in reckless regard of the consequences of a failure for the life/property of another
class action fairness act (CAFA)
prevents plaintiff's attorneys from looking for a state court known to be sympathetic to a client's cause
intentional torts
the intention to commit an act and the consequences that interfere with a person's personal/business interests not permitted by law
tortfeasor
the person committing the tort
transferred intent
when a defendant intends to harm an individual but unintentionally harms a second person
assault
intentional act and unexcused threat of immediate harmful or offensive words or acts that create a believable threat
battery
an assault in which the act is completed and any contact
false imprisonment
intentional confinement or restraint of another person's activities without justification
intentional infliction of emotional distress
intentional act that amounts to extreme and outrageous conduct resulting in emotion disturbance
actionable
capable of serving as the ground for a lawsuit
defamation
wrongfully hurting a person's good reputation
libel
writing or other permanent forms of defamation
slander
oral defamation
privilege
an immunity where a person will not be liable for defamatory statements
public figures
people whom are fair game and false and defamatory statements about them are ok as long as there is no actual malice
actual malice
statement made with knowledge of falsity or reckless disregard for the truth
intrusion into affairs/seclusion
invading someone's business or property without authorization
false light
writing about a person that attributes ideas and opinions not held by that person
public disclosure of private facts
revealing of private facts that a reasonable person would find embarrassing or objectionable
appropriation of identity
using someone's likeness without permission
fraud
intentional deceit for personal gain, only when person represents a fact something they know is untrue
puffery
seller's talk
malicious prosecution
initiation of a lawsuit without legitimate legal reason and with malice
abuse of process
any person using a legal process against another improperly to accomplish purpose for which the process was not intended
predatory behavior
actions undertaken with the intention of unlawfully driving competitors out of the market
real property
land and things permanently attached to land
personal property
all other items not related to land
trespass to land
occurs when a person without permission 1) enters the land 2) causes anything to enter land 3) remains on land owned by another
licensee
one who is invited onto property of another's for their own benefit
trespass to personal property
when an individual wrongfully takes or harms the personal property of another
conversion
any act that deprives an owner of personal property or use of that property without just cause
disparagement of property
economically injuring falsities about another product or property about another's reputation
slander of quality
publication of false info about another's product and claiming its not what they say
trade libel
proving that the slander of quality stopped a third party from buying the product
slander of title
publication falsely denies or casts doubt on another's legal ownership of property
negligence
someone suffers injury because of another's failure to live up to a required duty of care
duty of care
people are free to act as they please so long as their actions do not infringe on the interests of others
reasonable person standard
how would a reasonable person have acted in determining whether there was a duty of care
malpractice
professional negligence
causation in fact
determines whether there was a cause-effect relationship between act and the injury
proximate cause
determines whether there was a connection between the act and injury was strong enough to justify an imposing liability
negligence per se
individual violates a statute that imposes a criminal penalty and violation causes another to be injured
good samaritan statute
one who is trying to aid another cannot be sued for their attempt to aid
dram shop acts
bar owners or bartenders can be held liable for a person's injuries caused by a person who became intoxicated under their care
assumption of risk
plaintiff who voluntarily entered into a risky situation and knowing that risk will not be allowed to recover
superseding cause
relieves the defendant of liability for injuries caused by the intervening event
contributory negligence
all individuals are expected to exercise reasonable degree of care in looking out for themselves
comparative negligence
both the plaintiff and defendant portion of negligence is computed in determining liability