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Questions and Answers
What constitutes a tort?
Which of the following is NOT a type of tort?
Which element is NOT part of proving negligence?
What is the purpose of punitive damages in tort law?
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How does comparative negligence affect damages in tort claims?
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Study Notes
Tort Law Definition
- A tort is a civil wrong that results in harm or loss, leading to legal liability for the responsible party.
Types of Tort
- Intentional tort: Deliberate actions intended to cause harm, including assault, battery, and defamation.
- Negligence: Failure to exercise reasonable care, resulting in harm to another person. This often occurs in car accidents.
- Strict liability: Liability regardless of fault, typically in cases involving hazardous activities or defective products.
Elements of Negligence
- Duty of care: The obligation to act with reasonable care towards others.
- Breach of duty: Failure to meet the standards of care expected in a given situation.
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Causation: Establishing a direct link between the breach of duty and the harm sustained.
- Actual cause: The direct cause of the injury.
- Proximate cause: The foreseeable cause of the injury.
- Damages: Actual harm or injury that has occurred.
Defenses to Tort Claims
- Contributory negligence: If the plaintiff contributed to their own injury, it may limit or bar their recovery.
- Comparative negligence: Allocates fault between parties, reducing the damages awarded based on the percentage of fault each party bears.
- Consent: If the injured party consented to the risk of harm.
Damages in Tort Cases
- Compensatory damages: Compensation for actual losses, including medical expenses.
- Punitive damages: Awarded to punish the wrongdoer and deter future misconduct, typically in cases of gross negligence or intentional harm.
Social Function of Tort Law
- Tort law enforces societal standards of behavior, holding individuals accountable for their actions and providing remedies for victims.
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Description
This quiz covers the fundamental concepts of tort law, including the definition of torts, various types such as intentional torts and negligence, and the essential elements involved in negligence claims. Test your understanding of legal liability and its implications.
