Vocabulary
A civil wrong or wrongful act, whether intentional or accidental, that causes harm or injury to another person, leading to legal liability.
Tort
A wrongful act done on purpose that causes harm to another. Examples include assault, battery, false imprisonment, and defamation.
Intentional Tort
Alex, angry over a disagreement, storms up to Taylor in a crowded office. With clenched fists, Alex glares at Taylor, raises one hand as if to punch, and shouts, “You’re going to regret this!” Taylor, startled and terrified, steps back and raises their arms to protect themselves, fully believing Alex is about to strike. Although no physical contact occurs, Taylor is visibly shaken.
Assault involves creating a reasonable fear of imminent harmful or offensive contact. Taylor's fear is justified based on Alex's actions and threatening words.
Sarah was driving through an intersection when Tom ran a red light and crashed into her car. Sarah suffered a broken arm, required surgery, and missed two months of work as a result. Her car was also severely damaged, requiring extensive repairs. Beyond the physical injuries, Sarah developed anxiety about driving and now avoids intersections altogether.
Sarah could seek economic damages for medical expenses, lost wages, and car repairs. She could also claim non-economic damages for pain, suffering, and emotional distress due to her driving anxiety.
This intentional tort involves using deceit or misrepresentation to cause someone to enter into a transaction, leading to financial loss or harm.
Fraudulent Misrepresentation
A failure to exercise reasonable care, resulting in harm or damage to another person. It is the most common basis for tort claims.
Negligence
Liability imposed regardless of fault or intent, typically applied in cases involving inherently dangerous activities or defective products.
Strict Liability
Jamie visits a department store to shop for a new coat. A security guard mistakenly believes Jamie slipped a scarf into their bag and escorts them to a back room. Despite Jamie’s protests and offers to show their receipt, the guard locks the door and refuses to let them leave for over an hour while waiting for the manager. No stolen items are found, but Jamie is humiliated and upset by the ordeal.
False imprisonment occurs when someone is confined without consent or legal justification. The guard's actions unlawfully restrict Jamie’s freedom of movement.
A local blogger falsely accused Amy, a small business owner, of selling counterfeit products in a widely shared social media post. As a result, Amy’s sales plummeted, and she lost two major business partnerships. Amy also experienced significant emotional distress from the public backlash, including hate mail and threatening messages.
Amy could pursue economic damages for lost sales and business partnerships. She may also seek non-economic damages for emotional distress caused by the backlash and potentially punitive damages if the blogger acted maliciously.
This defense can completely bar recovery in negligence cases if the plaintiff knowingly and voluntarily accepted the risks associated with a dangerous activity.
Assumption of Risk
A legal obligation to act in a manner that avoids causing harm to others. For example, drivers owe this to others on the road.
Duty of Care
A legal doctrine where the plaintiff's damages are reduced based on their percentage of fault in causing their own injury.
Comparative Negligence
Morgan and Riley are at a party when they get into a heated debate. Frustrated, Morgan grabs a nearby drink and throws it directly at Riley, drenching Riley’s face and clothes. Riley is stunned and angry, especially because the drink also splashes onto their phone, potentially causing damage. Although there is no injury, the act was intentional and offensive.
Battery involves intentional physical contact that is harmful or offensive. Throwing the drink at Riley meets this standard.
During an altercation at a bar, Jason punched Michael in the face without provocation. Michael suffered a broken nose and a concussion, resulting in $5,000 in medical bills and the need to take two weeks off from his job as a delivery driver. Michael also felt humiliated and embarrassed in front of his friends at the bar.
Michael could claim economic damages for medical bills and lost wages, non-economic damages for pain, suffering, and public embarrassment, and possibly punitive damages to punish Jason for intentional harm.
Compensatory Damages
Damages intended to compensate the plaintiff for actual harm or loss suffered, such as medical costs or lost wages.
The link between the defendant’s actions and the harm suffered by the plaintiff. It has two elements
Causation
A false statement presented as fact that injures a person’s reputation. It includes slander (spoken defamation) and libel (written or published defamation).
Defamation
Sam works in the same office as Jordan and, out of spite, tells multiple coworkers that Jordan has been embezzling money from the company. Sam even emails these accusations to their manager, claiming Jordan is using company funds for personal expenses. The accusations are entirely false, but the rumors spread quickly. Jordan is called into HR, placed on suspension, and their professional reputation is severely damaged, even after proving their innocence.
Defamation involves a false statement that harms someone’s reputation. The email and verbal rumors constitute libel and slander, respectively.
A construction company mistakenly built part of a new driveway on Maria’s property without her permission. The construction caused extensive damage to Maria’s flower garden, which she had been cultivating for years, and disrupted the aesthetic of her yard. Additionally, Maria had to hire a surveyor and a lawyer to address the boundary issue, incurring significant costs.
Maria could recover economic damages for the cost of restoring her garden and legal fees, non-economic damages for loss of enjoyment of her property, and potentially punitive damages if the construction company acted recklessly.
Punitive Damages
Damages awarded in addition to compensatory damages to punish the defendant for egregious behavior and deter others from similar conduct.
Monetary compensation awarded to a plaintiff for losses suffered due to a tort. Types include compensatory damages (for actual losses) and punitive damages (to punish egregious behavior).
Damages
The unlawful restraint of a person’s freedom of movement without their consent or legal justification.
False Imprisonment
Chris is walking home after dark and sees that their neighbor’s yard is a shortcut to their house. Despite a clearly posted “No Trespassing” sign, Chris climbs over the fence and walks through the yard. While cutting through, they inadvertently step on and damage the neighbor’s flowerbed. The next day, the neighbor notices the broken flowers and reviews security footage, which shows Chris crossing the property without permission.
Trespassing is unauthorized entry onto someone’s property. The damaged flowers exacerbate the situation, though actual damage is not required for trespass to occur.
Mark was shopping at a department store when a security guard wrongfully accused him of shoplifting and detained him in a small office for two hours. Mark repeatedly asked to leave, but the guard refused. During this time, Mark missed a job interview and felt humiliated when other customers witnessed the situation. The store later admitted its mistake but did not compensate Mark for the incident.
Mark could seek economic damages for the missed job opportunity, non-economic damages for emotional distress and public humiliation, and possibly punitive damages if the store's actions were egregious.
Equitable Relief
A remedy that involves a court ordering a defendant to do something or refrain from doing something, rather than awarding monetary damages. Equitable relief is often sought when monetary damages are insufficient to address the harm or when the plaintiff seeks a more specific remedy.