Intentional Torts
Intentionally causing reasonable fear of immediate offensive harmful contact.
What is Assault?
The name for an unintentional tort.
What is negligence?
Violation of the duty of care for professionals.
What is malpractice?
Unforseeable event that breaks the link between a negligent act and an injury.
What is an intervening cause?
Confinement of another’s activities without justification.
What is false imprisonment?
The two types of causation for negligence claim.
What are “in fact” and “proximate” cause?
Law resulting in no liability for medical personnel helping another in distress.
What is Good Samaritan Statute?
The two requirements for assumption of risk.
What are knowledge of risk and voluntary assumption of risk?
The two types of defamation.
What are libel and slander?
The obligation not to cause any unreasonable harm or risk of harm.
What is a duty of care?
imposes a legal requirement to help another person who is in peril.
What is a duty to rescue?
A later action fully relieves original actor of liability to injured person.
What is superseding cause?
Unauthorized commercial use of a person’s name, image, or identity.
What is misappropriation of right to publicity?
How an objective, careful, and conscientious person would have acted in the same circumstances.
What is the reasonable person standard?
The primary reason a person would have a legal duty to rescue another.
What is a special relationship between the parties?
No damages awarded if plaintiff in anyway contributed to the injury.
What is contributory negligence?
Intentionally interfering with another person’s possessory interest in their items (not real estate).
What is trespass to personal property or conversion?
The final requirement for a negligence claim.
What is injury/damage?
Liability of landowner to children who have trespassed onto their property with the intent to play.
What is an attractive nuisance?
The definition of comparative negligence.
When damages award is split by percentage of fault between plaintiff and defendant?