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Questions and Answers
What is the primary purpose of tort law?
What is the primary purpose of tort law?
Which of the following is considered an intentional tort?
Which of the following is considered an intentional tort?
In tort law, what is meant by 'negligence'?
In tort law, what is meant by 'negligence'?
What type of damages are intended to punish the wrongdoer in tort law?
What type of damages are intended to punish the wrongdoer in tort law?
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Which defense to torts allows for reduction of liability based on the plaintiff's own negligence?
Which defense to torts allows for reduction of liability based on the plaintiff's own negligence?
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Study Notes
Definition of Tort
- A tort is a civil wrong or infringement of a right leading to legal liability.
- Unlike criminal law, tort law addresses wrongful acts that cause harm to individuals, allowing them to seek compensation.
Types of Torts
-
Intentional Torts
- Deliberate actions causing harm or distress.
- Examples:
- Assault
- Battery
- Trespass
- Defamation
-
Negligence
- Failure to exercise reasonable care, resulting in damage or injury.
- Key elements:
- Duty of care
- Breach of duty
- Causation
- Damages
-
Strict Liability
- Responsibility for damages regardless of fault or negligence.
- Typically applied in cases involving:
- Abnormally dangerous activities
- Product liability
Damages in Tort Law
-
Compensatory Damages
- Aimed at compensating the victim for losses incurred.
- Includes:
- Economic damages (medical expenses, lost wages)
- Non-economic damages (pain and suffering)
-
Punitive Damages
- Intended to punish the wrongdoer and deter future misconduct.
- Awarded in cases of particularly egregious behavior.
Defenses to Torts
-
Consent
- The victim agreed to the conduct resulting in harm.
-
Self-Defense
- Justifiable use of force in defense against harm.
-
Comparative Negligence
- Liability may be reduced based on the plaintiff's own negligence.
-
Statute of Limitations
- Legal time limits for filing a tort claim.
Importance of Tort Law
- Protects individual rights and provides a mechanism for resolving disputes.
- Encourages responsible behavior and accountability in interactions.
Tort Law Definition
- A civil wrong or infringement of a right, leading to legal liability
- Addresses wrongful acts causing harm to individuals
- Allows victims to seek compensation
Intentional Torts
- Deliberate actions causing harm or distress
- Examples include assault, battery, trespass, and defamation
Negligence
- Failure to exercise reasonable care resulting in damage or injury
- Key elements include duty of care, breach of duty, causation, and damages
Strict Liability
- Responsibility for damages regardless of fault or negligence
- Typically applied to abnormally dangerous activities and product liability
Compensatory Damages
- Aimed at compensating the victim for losses incurred
- Includes economic damages (e.g., medical expenses, lost wages) and non-economic damages (e.g., pain and suffering)
Punitive Damages
- Intended to punish the wrongdoer and deter future misconduct
- Awarded in cases of particularly egregious behavior
Consent
- Victim agreed to the conduct resulting in harm
Self-Defense
- Justifiable use of force in defense against harm
Comparative Negligence
- Liability may be reduced based on the plaintiff's own negligence
Statute of Limitations
- Legal time limits for filing a tort claim
Importance of Tort Law
- Protects individual rights and provides a mechanism for resolving disputes
- Encourages responsible behavior and accountability in interactions
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Description
This quiz explores the fundamentals of tort law, including various types of torts such as intentional torts, negligence, and strict liability. It also covers the concept of damages within tort law, emphasizing compensatory damages for victims. Test your understanding of these essential legal principles.