Conduct that falls below the standard established by law for protecting others against unreasonable risks of harm.
What is negligence?
The element where the injured party must show actual harm was suffered.
What are 'damages' ?
This Doctrine allow a property owner to use deadly force to protect an unwarranted intrusion onto their land.
What is "Castle Doctrine"
*DAILY DOUBLE**
The three types of torts.
What are Intentional Torts, Negligence, and Strict Liability?
The elements of negligence.
What are duty, breach, causation, damages (or harm)?
The most common defense for an intentional tort.
What is consent?
The unreasonable interference of the use and enjoyment of your land.
What is Nuisance?
Violation of the standard of care.
What is breach of duty?
**DAILY DOUBLE**
The two types of cause needed for the "causation" element.
What are actual cause and proximate cause?
**DAILY DOUBLE**
Damages award that is designed to punish the tortfeasor.
What are punitive damages?
**DAILY DOUBLE**
Tasks or undertakings in which all risk cannot be eliminated.
What are inherently dangerous activities?
The test that compares the actions of the tortfeasor with those of a reasonable person in a similar situation.
What is the reasonable person test?
When an injured party is partially at fault and therefore, does not fully deserve full compensation for their injuries.
What is comparative fault?
Under contributory negligence a plaintiff is not entitled to any recovery if partially at fault.
The doctrine that says a land owner must take reasonable steps to protect from dangerous conditions on land that may attract children
What is attractive nuisance?
The legal term for a person who commits a tort.
What is a "tortfeasor"?
Also known as "Proximate Cause."
What is foreseeability of harm?
** DAILY DOUBLE**
Where a public official must prove not only that the statement was false, but that the journalist knew it was false or disregarded the truth. This gives journalists extra protection.
What is the actual malice test?
Holds an employer liable for the torts of an employee committed while the employee is on the job.
What is vicarious liability or "respondeat superior?"