(pt 4) Understanding the Basis of Tort Law

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What is the defining characteristic of gross negligence?

It is an intentional failure to perform a manifest duty in reckless disregard of the effect on life or property.

In negligence actions, which defense is widely used and compares the fault of both parties?

Comparative negligence

What does transferred intent refer to in intentional torts?

Intending to harm one person, but accidentally harming another.

What is the primary distinction between assault and battery?

Assault is a threat of physical harm, while battery involves actual physical contact.

Which tort involves the intentional confinement or restraint of another person's activities without justification?

False imprisonment

What is a common defense in negligence lawsuits where the plaintiff consents to the act causing damage?

Consent

'Evil or harmful motive' is not a requirement for which type of tort?

Battery

'Extreme outrageous conduct resulting in severe emotional distress' relates to which tort?

'Intentional infliction of emotional distress'

'Repeated annoyances coupled with threats' are usually sufficient to support a claim for which tort?

'Intentional infliction of emotional distress'

What is the main purpose of tort law?

Compensate individuals who have suffered harm or injury

Which term refers to monetary compensation for harm or injury in tort law?

Special damages

What type of damages compensates individuals for the nonmonetary aspects of harm suffered?

General damages

What are punitive damages intended to do in tort law cases?

Punish the defendant and deter similar conduct

Which term is used to describe a monetary award equivalent to the actual value of injuries sustained?

Compensatory damages

What does singular damage refer to in tort law?

Injury only to property, not persons

In tort law, what do special damages compensate plaintiffs for?

'Quantifiable monetary losses' like medical expenses

What is the purpose of awarding general damages in tort law?

Compensate individuals for nonmonetary aspects of harm

What do general damages not typically cover in tort law?

'Repairing damaged property'

Learn about the fundamental principles of tort law, which involves wrongful acts that result in harm or injury to others. Explore the concept of compensation for losses and injuries caused by someone else's actions, and understand terms like singular damage and compensatory damages.

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