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Civil Law: Torts & Contracts

60 cards · 🇺🇸 English

Tort law essentials: negligence, liability, defenses, damages and civil-litigation procedure.

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Tort

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  1. 1Tort
    A civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability
  2. 2tort law vs criminal law
    Tort law aims to compensate victims, while criminal law aims to punish offenders and protect society
  3. 3Civil law (in common law systems)
    A major branch of law that deals with disputes between individuals or organizations, contrasting with criminal law
  4. 4Burden of proof in civil proceedings
    Generally proof on a balance of probabilities (more likely than not)
  5. 5Civil litigation
    Legal proceedings undertaken to resolve a dispute regarding an alleged civil wrong and seeking redress or damages
  6. 6Main types of torts
    Negligent torts, intentional torts, and strict liability torts
  7. 7Four elements of negligence
    Duty of care, breach of duty, causation, and damages
  8. 8Duty of care
    A legal obligation requiring a person to exercise reasonable care to avoid causing harm to others
  9. 9What landmark case established the modern tort of negligence in England?
    Donoghue v Stevenson (1932) - the case of the snail in the ginger beer bottle
  10. 10Proximate cause
    The legal principle that the defendant's action must be a reasonably foreseeable consequence of the harm caused
  11. 11Reasonable person standard
    An objective test asking what a hypothetical reasonable person would have done in the same circumstances
  12. 12Battery in tort law
    An intentional tort involving unlawful physical contact with another person
  13. 13Assault in tort law
    Creating a fear of imminent harmful or offensive contact
  14. 14False imprisonment
    Unlawfully restraining a person's freedom of movement without consent
  15. 15Defamation
    A dignitary tort involving making false statements that harm someone's reputation
  16. 16Trespass to land
    Intentional interference with someone's property rights by entering or remaining on their land without permission
  17. 17Conversion in tort law
    Intentionally interfering with someone's personal property in a way that deprives them of its use
  18. 18Nuisance in tort law
    An activity that is harmful or annoying to others, either affecting private individuals (private nuisance) or the general public (public nuisance)
  19. 19Rylands v Fletcher (1868)
    Strict liability for a dangerous escape of hazards (water, fire, animals) from one's land, unless the cause was remote
  20. 20Strict liability
    Liability without fault - a defendant can be held liable even if they were not negligent or did not intend harm
  21. 21Vicarious liability
    When one person is held liable for the tortious acts of another, such as an employer for an employee's actions
  22. 22Doctrine of respondeat superior
    Latin for 'let the master answer' - employers are liable for employee actions performed within the scope of employment
  23. 23Damages in tort law
    Monetary compensation awarded to a plaintiff for losses or injuries caused by the defendant
  24. 24Punitive damages
    Damages awarded to punish the defendant and deter similar conduct, beyond compensating the victim
  25. 25Injunction
    A court order requiring a party to do or refrain from doing a specific act
  26. 26Specific performance
    A court order requiring a defendant to carry out certain legal obligations
  27. 27Defense of volenti non fit injuria
    Latin for 'to a willing person, no injury is done' - a victim cannot recover if they consented to the risky activity
  28. 28Contributory negligence
    When the victim's own negligence contributed to causing their harm, potentially reducing or eliminating damages
  29. 29Comparative negligence
    A system where damages are reduced according to the victim's degree of fault, rather than eliminating recovery entirely
  30. 30Ex turpi causa non oritur actio defense
    Latin for 'no right of action arises from a despicable cause' - no recovery if the claimant was engaged in illegal activity

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