Intentional Tort
This intentional tort involves harmful or offensive physical contact with another person.
What is a battery?
The four key elements a plaintiff must prove in a negligence case are Duty, Breach, Causation, and this.
What are Damages?
True or False? In strict liability cases, the plaintiff generally does not need to prove the defendant was careless or at fault.
True
Threatening someone with immediate harmful or offensive contact can lead to this intentional tort.
What is assault?
This element requires showing that the defendant had a legal obligation to act with a certain level of care towards the plaintiff.
What is Duty of care?
Keeping a wild animal, like a lion or a tiger, that escapes and causes injury is an example of an activity often subject to this type of tort liability.
What is strict liability?
This tort occurs when someone is confined or restrained against their will without lawful justification.
What is false imprisonment?
This type of negligence occurs when a defendant's actions directly caused the harm, often described as the "but-for" test.
What is Causation (cause in fact)?
This legal doctrine holds manufacturers and sellers liable for injuries caused by defective products they place into the stream of commerce.
What is product liability?
Publishing a false statement that harms someone's reputation falls under this intentional tort.
What is defamation?
In negligence, this element asks whether the harm suffered was a reasonably foreseeable outcome of the defendant's careless actions.
What is Proximate Cause?
Performing inherently dangerous activities, such as blasting with explosives, typically results in liability for any resulting harm, regardless of the care taken. This falls under strict liability for what.
What is abnormally dangerous activities?
This intentional tort requires proving the defendant's conduct was "extreme and outrageous" and intended to cause, or recklessly disregarded the probability of causing, severe emotional distress.
What is Intentional Infliction of Emotional Distress?
When a professional like a doctor or lawyer fails to meet the standard of care for their profession, resulting in harm, it's called this.
What is professional negligence?
A hair dye causes a severe allergic reaction, resulting in scalp damage and hair loss. There was no warning or instructions from the manufacturer.
What is failure to warn?