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Questions and Answers
What is the primary purpose of tort law?
Which type of tort is characterized by deliberate acts intended to harm others?
What is the element of a tort claim that refers to the defendant's failure to meet their duty of care?
What is the defense to tort claims that involves the plaintiff's voluntary assumption of risk?
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What type of damages are intended to punish the defendant?
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What is the remedy that involves a court order to stop or prevent harmful behavior?
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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
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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)
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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)
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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.
