Types of Torts
What is a tort?
A civil wrong that causes harm to another person.
What does negligence mean?
Failing to use reasonable care.
What are damages in a tort case?
Money awarded to compensate a victim or, in some cases, punish wrongdoing.
What is a contract?
A set of legally enforceable promises.
What two things make up an agreement?
Offer and acceptance.
What are the three main types of torts?
Intentional torts, negligence, and strict liability.
What is a duty of care?
A legal responsibility to act with reasonable care to avoid harming others.
What type of damages compensates a victim for medical bills and lost wages?
Compensatory damages.
What are the four basic elements of a valid contract?
Agreement, consideration, contractual capacity, and legal purpose.
What is the person who makes an offer called?
Offeror
What type of tort involves deliberately committing a wrongful act?
Intentional tort.
What are the four elements of negligence?
Duty, breach, causation, and damages.
What type of damages is awarded to punish especially serious misconduct?
Punitive damages.
What type of contract is formed through spoken or written words?
Express contract.
If someone offers to sell a phone for $300 and you respond with $250, what have you made?
A counteroffer.
What type of tort occurs when someone fails to exercise reasonable care?
Negligence
What defense applies when someone knowingly accepts the risks of a dangerous activity?
Assumption of risk.
What type of damages recognizes a legal wrong even when there is little or no measurable loss?
Nominal damages.
What type of contract is formed through people's actions rather than stated words?
Implied-in-fact contract.
Under the common-law mirror-image rule, what must acceptance do?
Match the original offer's terms without changing them.
A company uses explosives, causing damage to nearby homes despite taking precautions. What type of liability might apply?
Strict liability.
A customer slips on a spill that a store knew about but failed to clean. What element of negligence involves the store failing to meet its responsibility?
Breach of duty.
What defense reduces a victim's compensation based on their percentage of fault?
Comparative negligence.
What law generally governs contracts involving the sale of goods in the United States?
Uniform Commercial Code (UCC).
Under the mailbox rule, when is an acceptance sent through the mail generally effective?
When it is properly dispatched or mailed.