Tort Law
Intentional Torts
Torts from Words
Unintentional Torts & Their Defenses
Don't Forget About..
100

The person committing a tort.

Tortfeasor

100

Intention or threat of unwanted physical contact that causes harm.


Assault

100

A false statement that must harm a person’s or business’s reputation.

Defamation

100

A fictional, objective standard used by courts to decide how an ordinary, careful, and prudent person would act in the same situation.

Reasonable Person

100

When the plaintiff’s own conduct contributed to or caused the damage.

Contributory Negligence

200

Deliberate harm is known as a _____ tort.

Intentional

200

Physical intentional and unconsented contact that causes harm; is an unlawful offence and a tort. Example: A security guard intentionally harms a customer.

Battery

200

Written defamation. A magazine publishes false information about a a famous businessperson.

Libel

200

A failure to exercise the degree of care toward another individual expected of a reasonable person in the circumstances.

Negligence

200

The plaintiff is aware of the risk associated with the activity and has consented to assume that risk.

Voluntary Assumption of Risk

300

Not meaning to cause deliberate harm is known as a ______ tort.

Unintentional

300

Intentionally confining an unwilling person within a specified area.

False Imprisonment
300

Oral defamation. Example: Telling coworkers in the breakroom that a manager is stealing from the company, knowing it is not true.

Slander

300

Not to cause injury; is owed by one individual or business to another. Required to exercise care toward those that we can reasonably foresee might be harmed by our actions.

Duty of Care

300

The plaintiff must provide evidence that their version of events is more likely than the arguments of the defendant.

Burden of Proof

400

An employer is responsible for injuries caused by an employee while acting in the course of their employment.

Vicarious Liability

400

Falsely representing to the public another company’s product or service as your own.

Passing Off

400

Truth. Absolutely privilege. Qualified privilege. Fair comment. For the public good. All examples of what?

Defenses from Defamation

400

There must be a connection between the plaintiff’s physical, emotional, or financial damage and the action taken by the defendant.

Causation

400

Of the three kinds of damages, this area addresses conduct by the defendant that is malicious, oppressive, or grossly negligent and punishes the defendant.

Punitive/Exemplary Damages

500

The compensation, financial or other, when a person/party is successful in a lawsuit. Also called damages.

Remedy

500

The interference in the right to enjoy real property. Could be from noise, odors, vibrations, etc.

Nuisance

500

When a reputation is lost because of false statements about a product or service.

Injurious Falsehood

500

Plaintiff may not be successful if no reasonable connection between the actions or inactions of the defendant, and harm caused to the plaintiff.

Remoteness of Damages

500

(Ch2) In a civil matter, the standard of proof requiring that something be proven to have more likely occurred than not occurred.

Balance of Probabilities