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Questions and Answers
What is the primary purpose of tort law?
Which type of tort involves deliberate actions that cause harm to others?
What is the element of a tort claim that requires the defendant to have failed to meet the required standard of care?
What is the defense to a tort claim that involves the plaintiff knowingly and voluntarily assuming the risk of harm?
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What type of damages are intended to punish the defendant for egregious conduct?
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What is the element of a tort claim that requires the plaintiff to have suffered measurable harm or injury?
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Study Notes
Definition and Purpose
- Tort law is a body of law that deals with civil wrongs and provides remedies for individuals who have been harmed by the actions of others.
- The purpose of tort law is to provide compensation for harm or injury caused by the wrongful acts of others.
Types of Torts
- Intentional Torts: deliberate actions that cause harm to others, such as battery, assault, and defamation.
- Negligent Torts: actions that cause harm due to lack of reasonable care, such as medical malpractice and car accidents.
- Strict Liability Torts: harm caused by defective products or ultrahazardous activities.
Elements of a Tort Claim
- Duty of Care: the defendant owed a duty of care to the plaintiff.
- Breach of Duty: the defendant failed to meet the required standard of care.
- Causation: the defendant's breach caused the plaintiff's injury.
- Damages: the plaintiff suffered measurable harm or injury.
Defenses to Tort Claims
- Assumption of Risk: the plaintiff knowingly and voluntarily assumed the risk of harm.
- Contributory Negligence: the plaintiff's own negligence contributed to the harm.
- Comparative Negligence: the plaintiff's negligence is compared to the defendant's negligence to determine damages.
Damages in Tort Law
- Compensatory Damages: damages intended to compensate the plaintiff for harm or injury.
- Punitive Damages: damages intended to punish the defendant for egregious conduct.
- Nominal Damages: damages awarded when the plaintiff's rights have been violated, but no harm or injury occurred.
Limitations and Immunity
- Statute of Limitations: time limit for filing a tort claim.
- Sovereign Immunity: government entities may be immune from tort claims.
- Charitable Immunity: some non-profit organizations may be immune from tort claims.
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Description
Test your knowledge of tort law, including types of torts, elements of a tort claim, defenses, damages, and limitations. Explore intentional, negligent, and strict liability torts, and understand how to prove a tort claim.
