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tort law law legal studies civil wrong

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This document contains lecture notes on Tort Law, covering the definition and types of tort, elements of negligence, defenses to tort claims, damages in tort cases, and the social function of tort law. The notes were created on September 30, 2024.

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PO210 week 5 chapter 5: Tort law September 30, 2024 2:01 PM   **Definition of Tort:** - A tort is a civil wrong that causes harm or loss, leading to legal liability for the party at fault **Types of tort:** - [Intentional tort:] *deliberate actions intended to cause harm (assault,...

PO210 week 5 chapter 5: Tort law September 30, 2024 2:01 PM   **Definition of Tort:** - A tort is a civil wrong that causes harm or loss, leading to legal liability for the party at fault **Types of tort:** - [Intentional tort:] *deliberate actions intended to cause harm (assault, battery, defamation)* - [Negligence:] *failure to exercise reasonable care, resulting in harm to another person (e.g car accidents)* - [Strict liability:] *liability imposed regardless of fault, often 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 the situation - [Causation]: establishing a direct link between the breach and the harm suffered. - Actual cause: the actual cause of the injury - Proximate cause: the foreseeable cause of the injury - [Damages:] actual harm or injury that occurred **Defenses to Tort Claims:** - [Contributory negligence:] if the plaintiff contributed to their own injury, it may limit or bar recovery - [Comparative negligence:] allocates fault between parties, reducing damages awarded based on the percentage of fault - [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:** - Discusses how tort law serves to enforce societal standards of behaviour, hold individuals accountable for their actions, provide remedies for victims

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