Intentional Torts
What is an intentional tort?
When a person commits a wrong against another and knows and desires the consequences of his/her act.
What is the definition of an unintentional tort?
When acting in a careless manner causes damage or injury.
What is Negligence?
an accidental or unintentional tort resulting because of the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.
(lack of care that shows a disregard for the safety of others)
Loud noises late at night, noxious odors, and fumes coming from a nearby house are all examples of _____.
Nuisance
What is a tortfeaser?
the person who committed the tort
Negligence
Strict Liability
The element of negligence that involves the failure to act as a reasonable person would is called _____.
Breach of Duty
the legal connection between unreasonable conduct and the resulting harm.
-refers to a primary cause or an incident that set everything in motion.
Assault and Battery
Trespassing
False imprisonment
T/F A tort is a wrong against an individual.
True
Under the doctrine of _____, the amount of the plaintiff's recovery is reduced by the percent of his or her negligence.
Comparative Negligence
A false statement made orally to a third party is..
Slander
Law enforcement officers must have probable cause or a warrant to arrest someone, or else they can be sued for __________ __________________.
false imprisonment
People who are engaged in extremely dangerous activities may be held liable even without negligence or malice; this is known as the doctrine of...
Strict Liability
True
What is defamation?
The wrongful act of injuring another person's reputation by making false statements
What is the difference between a crime and a tort?
A crime is an act against not only a specific individual, the the general welfare as well.
A tort is a private wrong committed by one person against another.
T/F Skydiving is an example of assumption of risk.
True. When skydiving, the person knows the risk involved with an activity and still takes the chance of being injured anyway.
What are the 4 elements of Negligence?
-duty of care
-breach of duty
-proximate cause
-actual harm
Invasion of privacy is...
interfering with a person's right to be left alone
-this includes the right to be free from unwanted publicity and interference with private matters