TORT Law Basics

What is the origin of the term 'tort'?

What is the key difference between libel and slander?

What is the primary consideration when deciding whether to sue the controlling party or the person directly responsible for the act?

What is the necessary condition for defamation to have occurred?

What is the principle that holds a person responsible for the actions of their agents or employees?

What is the outcome of the case Donoghue versus Stevenson?

What is the term for the branch of common law dealing with civil wrongs?

What is the common element among negligence, defamation, and nuisance?

What is the primary benefit of being the controlling party in a lawsuit?

In which situation would the defense of consent most likely be used?

What is the primary difference between the defenses of consent and illegality?

In which situation would the defense of contributory negligence most likely be used?

What is the primary limitation of the defense of consent?

What is the primary purpose of having a patient or participant sign a consent form?

Tort is a branch of common law dealing with civil wrongs, derived from the Latin word "tortus," meaning twisted.
It covers areas such as negligence, defamation, and nuisance, where a person takes action against another who they believe has wrongfully caused them harm.

Negligence occurs when a person or company fails to take appropriate care, resulting in damage to another person or company.
Example: Donoghue versus Stevenson, where Stevenson was considered negligent for not taking sufficient care in the manufacture of ginger beer.

Defamation is the act of harming another person's or company's reputation through wrongful public comment.
It takes two forms: written (libel) and spoken (slander).
For defamation to have occurred, there must be an audience, and the larger the audience, the greater the damage to the victim's reputation.

Nuisance occurs when a person or company causes damage to another person or company through their actions.
Examples: creating toxic fumes, excessive noise, or polluting a stream.
In a common law system, a person can sue the offending party for damages incurred.

Vicarious liability is when a person takes responsibility for the actions of their agents or employees.
A person may choose to sue the controlling party under vicarious liability, often on economic grounds, as the controlling party is likely to have a greater capacity to pay damages.

Consent: the person agreed to participate in the act causing the damage.
Illegality: the harm was caused because the plaintiff was breaking the law.
Contributory negligence: the defendant argues that the plaintiff also had some share in the negligent behavior.