Concepts of tort law
What is tort law?
Tort law deals with civil wrongs where one party seeks compensation for harm caused by another.
What is negligence in tort law?
Negligence occurs when a party fails to take reasonable care, causing harm to another.
What is the “duty of care” in negligence cases?
It’s the legal obligation to act with reasonable care to avoid harming others.
What are common defenses to tort claims?
Defenses include consent, self-defense, contributory negligence, comparative negligence, and assumption of risk.
What was the significance of Donoghue v. Stevenson?
It established the neighbor principle, forming the foundation of modern negligence law.
What are the main purposes of tort law?
To compensate victims, deter harmful conduct, and provide remedies for wrongs.
What is an intentional tort?
An intentional tort involves deliberate actions that harm another person, like assault or battery.
How is a breach of duty established?
A breach occurs when a defendant’s actions fail to meet the standard of care expected.
What is contributory negligence?
Contributory negligence occurs when the plaintiff's own negligence contributes to their injury.
How did Palsgraf v. Long Island Railroad Co. influence tort law?
It clarified the concept of proximate cause in negligence cases.
How does tort law differ from criminal law?
Tort law involves civil disputes seeking compensation, while criminal law involves government prosecution and punishment.
What constitutes strict liability?
Strict liability holds a defendant responsible for harm regardless of fault, typically in dangerous activities.
What is the “reasonable person” standard?
It’s a legal standard that measures a person’s actions against what a reasonable person would do in similar circumstances.
What is comparative negligence?
Comparative negligence reduces a plaintiff's damages based on their percentage of fault.
What role does precedent play in tort cases?
Precedent guides courts in deciding cases based on previous rulings.
What are the elements of a tort?
Duty, breach, causation, and damages.
How is defamation classified in tort law?
Defamation is an intentional tort involving false statements that harm a person’s reputation.
What is proximate cause?
Proximate cause links a defendant's actions to the plaintiff's harm in a foreseeable manner.
What remedies are available in tort cases?
Remedies include compensatory damages, punitive damages, and injunctive relief.
How are tort cases typically proven in court?
Tort cases are proven by a preponderance of evidence showing that the defendant’s actions caused the plaintiff’s harm.
What is the difference between a tort and a breach of contract?
A tort involves a civil wrong without a contract, while a breach of contract involves failure to perform contractual duties.
What are the key differences between assault and battery in torts?
Assault is the threat of harm, while battery is actual physical contact without consent.
How does foreseeability affect liability in negligence?
Liability depends on whether the harm was a foreseeable result of the defendant’s actions.
What are punitive damages, and when are they awarded?
Punitive damages are awarded to punish the defendant for egregious conduct and deter future misconduct.
How do courts determine the amount of compensation in tort cases?
Courts assess the severity of the injury, financial losses, and other related damages.