Tort Law Fundamentals
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Questions and Answers

What is the primary purpose of tort law?

  • To protect the defendant's rights
  • To provide compensation to the injured party and to deter others from committing similar harmful acts (correct)
  • To establish a moral code for society
  • To punish the defendant
  • Which type of tort is characterized by deliberate acts intended to harm others?

  • Criminal Torts
  • Intentional Torts (correct)
  • Strict Liability Torts
  • Negligent Torts
  • What is the element of a tort claim that refers to the defendant's failure to meet their duty of care?

  • Duty of Care
  • Damages
  • Causation
  • Breach of Duty (correct)
  • What is the defense to tort claims that involves the plaintiff's voluntary assumption of risk?

    <p>Assumption of Risk</p> Signup and view all the answers

    What type of damages are intended to punish the defendant?

    <p>Punitive Damages</p> Signup and view all the answers

    What is the remedy that involves a court order to stop or prevent harmful behavior?

    <p>Injunctions</p> Signup and view all the answers

    Study Notes

    Definition and Purpose

    • Tort law is a branch of civil law that deals with wrongful acts or injuries committed by one person against another, resulting in harm or damage.
    • The primary purpose of tort law is to provide compensation to the injured party and to deter others from committing similar harmful acts.

    Types of Torts

    • Intentional Torts: deliberate acts intended to harm others, such as:
      • Battery (physical harm)
      • Assault (threat of harm)
      • False imprisonment (unlawful confinement)
      • Defamation (libel or slander)
    • Negligent Torts: unintentional acts that result in harm due to failure to exercise reasonable care, such as:
      • Negligence (failure to act with reasonable care)
      • Malpractice (professional negligence)
    • Strict Liability Torts: liability imposed without fault, such as:
      • Product liability (defective products)
      • Ultrahazardous activities (inherently dangerous activities)

    Elements of a Tort Claim

    • Duty of Care: the defendant owed a legal duty to the plaintiff
    • Breach of Duty: the defendant failed to meet their duty of care
    • Causation: the defendant's breach of duty caused the plaintiff's harm
    • Damages: the plaintiff suffered measurable harm or loss

    Defenses to Tort Claims

    • Assumption of Risk: the plaintiff voluntarily assumed the risk of harm
    • Contributory Negligence: the plaintiff's own negligence contributed to their harm
    • Comparative Negligence: the plaintiff's negligence is compared to the defendant's to determine liability
    • Statute of Limitations: the time limit for filing a tort claim has expired

    Damages and Remedies

    • Compensatory Damages: monetary compensation for actual harm or loss
    • Punitive Damages: additional damages intended to punish the defendant
    • Injunctions: court orders to stop or prevent harmful behavior
    • Declaratory Relief: court declarations of legal rights and obligations

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    Description

    Test your knowledge of tort law, including types of torts, elements of a tort claim, defenses, and damages. Learn about intentional torts, negligent torts, and strict liability torts, and understand the key concepts of duty of care, breach of duty, causation, and damages.

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