A civil wrong for which a court can impose a penalty.
Not a criminal case or a contractual case
Based on premise that a duty of care exists for which you can be liable for your actions
What is a tort?
100
1) Purpose of Desire; or
2) Knowledge to a certain extent that your actions will result in harm or injury
3) Causation
What are the basic elements of a tort?
100
An act or omission to act on the part of the defendant that confines or restrains the plaintiff to a bounded area
What is false imprisonment?
100
Failure to exercise the care a reasonably prudent person would exercise under similar circumstances
What is negligence and give me an example?
100
Specific Intent
Acting for the purpose of making contact
Actor’s goal is to bring about consequences
What is specific intent?
200
because the court aims to correct the injustice done by one party to the other, the remedy responds to the injustice and endeavors, so far as possible, to undo it.
What is corrective justice?
200
1) The conduct must be intentional or reckless
2) The conduct must be extreme and outrageous
3) There must be a causal connection between the wrongful conduct and the emotional distress.
4) The emotional distress must be severe
What are the elements of IIED?
200
∆ has a conscious awareness of a high likelihood of an adverse result
In IIED, what is recklessness?
200
What the ordinary person would do in similar circumstances
No need for special training or knowledge needed
Courts consider: public standards, societal benefits
What is the reasonably prudent person standard and why is it important?
200
no
In false imprisonment, do you have to try to escape?
300
Harm deliberately caused to another resulting in an injury.
What is an intentional tort?
300
1) Duty of care
2) Breach of that duty of care
3) Causation
4) Harm/damages incurred
What are the elements of negligence?
300
IIED
What do the courts associate with bullying?
300
A type of negligence in which a professional has a duty to act in a certain manner and fails to follow professional standards and the breach of that duty is the proximate cause of injury to the plaintiff who suffers harm.
What is medical malpractice?
300
No
In America, do we have a duty to act/aid?
400
Purpose or desire or knowledge to a certain extent that an act will create harmful or offensive touching of another
Analyzed through subjective view of accused
Certain objects can be seen as extensions of ones body because they are intimately connected
What is battery?
400
1) Intentional act
2) Well founded apprehension
3) Apparent ability to commit tort
*Intent alone is not sufficient
What are the elements for an assault?
400
Heinous beyond the standards of normal civilized conduct
Does not have to be illegal conduct
Reasonable person would believe this conduct to be outrageous
What is extreme conduct and what tort is it associated with?
400
Information that the Plaintiff patient should already know
Full disclosure would be detrimental to procedure
Emergency (implied consent
What are the affirmative defenses for medical malpractice?
400
Compares fault of plaintiff
What is contributory negligence?
500
Intentional conduct that results in extreme mental or emotional distress.
What is intentional infliction of emotional distress?
500
1- An act or omission to act on the part of the defendant that confines or restrains the plaintiff to a bounded area
2- Intent on the part of the defendant to confine or restrain the plaintiff to a bounded area, and
3- Causation
What are the elements of false imprisonment?
500
Intentional unlawful entry onto another’s land.
What is trespass and do you physically have to step foot on the land?
500
ED is related to the injury
Present at the scene when the act happened.
Result is serious ED.
What is Unintentional infliction of emotional distress and when does it play a part in the tort?