GENERAL TORTS
A food delivery driver glances at their phone for directions and rear-ends another vehicle. This would MOST likely be classified as this type of tort.
What is negligence?
A plaintiff proves duty, breach, and damages but cannot show the defendant’s actions actually caused the injury. This missing element would likely defeat the negligence claim.
What is causation?
An influencer responds to a sponsorship offer by saying, “I’ll do it for $30,000 instead.” This legal concept describes that response.
What is a counteroffer?
A defendant claims the plaintiff actually caused harm to THEM during the same incident. This legal filing is called this.
What is a counterclaim?
A homeowner’s floodlights and security cameras interfere with neighbors’ ability to enjoy their property. This property law claim would most likely apply.
What is nuisance?
A company sells a defective electric scooter that catches fire during ordinary use, even though the company followed standard safety procedures. This doctrine may still allow the plaintiff to recover without proving carelessness.
What is strict liability?
A patient ignores medical instructions after surgery while the surgeon also misses signs of infection during follow-up appointments. This doctrine would likely require the jury to assign percentages of fault.
What is comparative negligence?
A contractor completes nearly all agreed work correctly except for small cosmetic issues. This level of performance may still require payment under the contract.
What is substantial performance?
A complaint alleges negligence but never explains how the defendant’s actions caused the injury. This negligence element was insufficiently pleaded.
What is causation?
A divorcing couple disputes ownership of a business created during the marriage, even though only one spouse’s name is on the paperwork. This property classification issue is central to the case.
What is community vs. separate property?
A gym continues using a cable machine known to be dangerous because replacing it was “too expensive before summer membership season.” This key negligence concept is strongly supported by the gym’s prior knowledge of the danger.
What is breach of duty?
A customer slips moments after another shopper spills a drink, before employees had a reasonable opportunity to clean it. The store would most likely argue this defense.
What is lack of breach?
A rooftop is rented specifically to watch a parade, but the parade is canceled. This doctrine may excuse performance because the contract’s entire purpose disappeared.
What is frustration of purpose?
A plaintiff files a California lawsuit involving a New York accident between two New York residents. These two procedural concepts would likely be challenged immediately.
What is jurisdiction and venue?
When deciding custody disputes, courts primarily apply this legal standard.
What is best interests of a child?
A nightclub overserves an intoxicated customer who later crashes into another driver, while evidence also shows the injured driver was speeding. This doctrine may reduce individual liability.
What is comparative negligence?
A doctor makes a questionable surgical decision, but experts testify that competent doctors sometimes make similar judgments under the same circumstances. This negligence issue is most directly disputed.
A celebrity athlete signs a competing sponsorship deal despite an exclusivity agreement already in place. The startup would most likely argue this type of breach occurred.
What is a material breach?
A plaintiff files a negligence lawsuit that includes a caption, factual allegations, and a request for damages, but never actually explains WHICH legal claims are being brought against the defendant. This major section of a civil complaint is missing.
What are the causes of action?
A court must decide whether parents should share decision-making authority over a child’s education, medical care, and religion after a divorce. This specific type of custody is being determined.
What is legal custody?
A prank creator secretly releases insects into someone’s hotel room to scare them for online content, causing panic attacks requiring treatment. This intentional tort claim would MOST likely apply.
What is Intentional Infliction of Emotional Distress (IIED)?
A school leaves students unsupervised during lab activities despite previous safety incidents. This negligence concept focuses on whether the harm was reasonably predictable.
What is foreseeability?
A luxury wedding venue cancels a $250,000 contract to book a more profitable celebrity event, causing the couple to lose vendor payments and sponsorship deals. These damages compensate the injured party for what they reasonably expected to receive from the contract.
What are expectation damages?
Lawyers sometimes include negligence, strict liability, battery, and breach of contract claims in the SAME lawsuit arising from one event. This is the main strategic reason why.
What is increasing the likelihood that at least one legal theory succeeds?
During a divorce case, one spouse requests ongoing financial support after arguing they paused their career for years to raise children and support the other spouse’s professional advancement.
This type of financial support is being requested.
What is alimony?