Negligence
This is the legal term for the obligation one owes to avoid causing harm to others.
What is duty of care
Touching someone without their consent may be considered this tort.
What is battery
If a plaintiff agrees to the risk, the defendant may claim this defense.
In defamation law, a public figure must prove this additional element beyond falsity and harm.
What is actual malice
This legal doctrine holds that an animal owner may only be liable after the animal has shown previous dangerous behavior.
What is "one free bite rule"
This element of negligence is proven by showing the defendant did not meet the standard of care.
What is breach of duty
This tort involves placing someone in fear of imminent harmful or offensive contact.
What is assault
This complete defense applies if the plaintiff’s own negligence contributed significantly to the harm.
What is contributory negligence
This U.S. Supreme Court case established the constitutional "actual malice" standard in defamation.
What is New York Times co v Sullivan
These three types of activities often attract strict liability due to their inherently dangerous nature.
What are (1) keeping wild animals, (2) engaging in abnormally dangerous activities, and (3) product defects?
This element connects the defendant’s breach directly to the plaintiff’s injury.
What is causation
Detaining someone without legal authority or justification is this tort.
What is false imprisonment
This comparative rule reduces a plaintiff’s recovery in proportion to their fault.
What is comparative negligence
This privilege protects statements made in the course of judicial or legislative proceedings.
What is absolute priviledge
This type of product defect exists when a product's design is inherently unsafe, even if manufactured correctly.
What is design defect
This term refers to the actual loss or harm suffered by the plaintiff.
What is damages
This rare tort involves causing extreme emotional distress through outrageous conduct.
What is Intentional inflication of emotional distress
This defense applies when force is used to protect oneself from imminent harm.
What is Self defence
This term refers to defamatory statements that are actionable without proof of special damages.
What is defamation per se
This affirmative defense in product liability asserts that the plaintiff used the product in a way not reasonably foreseeable.
What is product misuse
These two types of causation must both be proven in negligence cases.
What is actual and proximate cause
Intentional inflication of emotional distress must not apply to something stated that is simply unliked or radical idea
What is Texas v Johnson case
Where there was no other reasonable alternative
What is necessity
This defense can apply if the statement was made with an honest belief in its truth, even if incorrect.
Tests used by courts to find defendant liable for design flaw
What is Risk-Utility test and Consumer Expectation test