Lowkey Vocab
Failure to exercise the degree of care that a reasonable person would exercise
Negligence
Name an intentional tort against a person.
(Answers will vary)
A tort is a wrong against an individual.
True
The name for a person that commits a tort.
Tortfeasor
Wrongful act of injuring another’s reputation with false statements.
Defamation
One person’s interference with the rights of another.
Tort
This defense to negligence involves the plaintiff knowing the risks involved and accepting the risks.
Assumption of Risk
Sometimes a wrong can be both a tort and a crime.
True
False statements made orally, also must be communicated to a third party
Slander
Wrongful injury or interference with the property of another.
Trespass
Responsibility to answer for harm that results for hazardous activities.
Strict Liability
Name an intentional tort against property.
(Answers will vary)
Public officials can win a lawsuit for libel or slander even if actual malice cannot be proved.
False - malice MUST be proved
The most common tort!
Negligence
Interference with another’s enjoyment of life or property.
Nuisance
Court order issued by a judge ordering a person to do or not do something.
Injunction
Name a remedy for a tort...
Money damages or injunction
Money will always repay the injured party for the damages suffered in a tort injury.
False
Name for lawsuit if negligence or intentional tort caused death.
Wrongful death
Unauthorized taking or borrowing of personal property of another for the use of the taker.
Conversion
The link between the unreasonable conduct and an injury in a negligence suit.
Proximate Cause
Which type of defense compares the negligence of the plaintiff and the defendant?
Comparative negligence
A person does not need to suffer injuries or damages to property to be able to recover from another person for that person’s negligence.
False
Intentionally or recklessly causing emotional or mental suffering to others.
Emotional distress
Intentionally causing one person not to enter or to break a contract with another.
Contract interference