Term
| Evolution (Requirements) of Tort |
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Definition
Tort requires the following two factors:
- Breach of Duty
- Legally Protected Interest
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Term
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Definition
- Intentional Torts
- Negligent Torts
- Strict Liability Torts
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Term
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Definition
These are harmful actions taken on purpose. However, there need not be an intent to produce the actual eventual harm, so long as that consequence was foreseeable to the actor.
The intent follows the bullet...
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Term
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Definition
It is a tort to injure someone because of your carelessness or foolishness or other negligent behavior. Negligence is the most common tort action. |
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Term
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Definition
| In some limited circumstances, a person is liable for harm even if they took all appropriate care. These circumstances include ultra-hazardous activities and the sale of products |
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Term
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Definition
| A person is only liable for breach of some duty, though not necessarily a violation of criminal law. Under tort law, one must behave reasonably but need not, for example, come to the rescue of others. |
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Term
| Legally Protected Interest |
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Definition
| A plaintiff can sue over injuries only to certain interests that the law protects; thus, you have no case for wrongful heartbreak. |
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Term
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Definition
| Everyone has the legal duty to act around others as would a reasonable person. Automobile accident liability generally arises from a party’s failure to drive as safely as a reasonable person. |
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Term
| Circumstances Giving Rise to Specific Legal Duties |
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Definition
- Special Relationships
- Legal Responsibilities
- Custom
- Duty to Act
- Mental Suffering
- Presence of Contract
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Term
| Special Relationship Specific Duties |
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Definition
| People in special relationships, such as a doctor, have higher duties, including a duty to take action to prevent harm. |
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Term
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Definition
| Violation of a statutory law or ordinance is considered automatically to be negligent, with limited exceptions. |
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Term
| Duties Arising from Custom |
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Definition
| Customary practice may create duties to behave in a certain way, especially in business. |
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Term
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Definition
| Ordinarily you do not have a duty to act or rescue another, unless you put the person into the situation requiring rescue. |
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Term
| Mental Suffering (Negligence) |
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Definition
| The law has a limited duty not to cause mental suffering. There is a duty not to intentionally cause extreme mental suffering. Negligent infliction of mental distress is generally not actionable except in special cases defined differently by the various states. |
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Term
| Presence of Contract (Negligence) |
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Definition
| If the individuals in question are parties to a contract, that contract may define their duties, rather than general tort law. |
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Term
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Definition
literally, the thing speaks for itself
This is a doctrine enabling a plaintiff to recover in negligence even if the plaintiff cannot prove exactly what negligence caused her injuries. It is available when an accident generally does not occur without negligence and when the situation and facts are in the defendant’s possession. |
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