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| A "private wrong" as opposed to criminal acts are seen as "public wrongs" |
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| Restatement of the Law of Torts,Second |
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| An authoratative secondary source, written by a group of legal scholars, summarizing the existing common law, as well as suggesting what the law should be. |
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| An intentional act that creates a resonable apprehension of an immediate harmful or offensive physical contact. |
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| An intentional act that creates a harmful or offensive physical contact. |
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| A legal fiction that if a person directs a tortious action toward A but instead harms B, the intent to act against A is transferred to B. |
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| Occurs whenever one person, through force or the threat of force, unlawfully detains another person against his or her will. |
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| The publication of false statements that harm a person's reputation. |
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| Remarks considered to be so harmful that they are automatically viewed as defamatory. |
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| Making a defamatroy remark either knowing the material was false or acting with a "reckless disregard" for whether or not it was true. |
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Definition
| An intentional tort that covers a variety of situations, includding disclosure, intrusion, appropriation, and false light. |
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Definition
| The intentional publication of embarrasing private affairs. |
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Definition
| The intentional unjustified encroachment into another person's private activities. |
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| An intentional unauthorized exploitive use of another person's personality, name, or picture for the defendant's benefit. |
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Definition
| The intentional false portrayal of someone in a way that would be offensive to a reasonable person. |
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Definition
| The loss by one spouse of the other spouse's companionship, services, or affection. |
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| Acting in an improper or a wrongful way. |
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| "The thing speaks for itself"; the doctrine that suggests negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent. |
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| Also known as cause in fact, this is measured by the "but for" standard: But for the defendant's actions, the plaintiff would not have been injured. |
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| A legal theroy that allows plaintiffs to recover proportionately from a group of manufacturers when the identity of the specific manufacturer responsible for the harm is unknown. |
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Definition
| Once actual cause is found, as a policy matter, the court must also find that the act and the resulting harm were so foreseeabley related as to justify a finding of liability. |
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Definition
| when a court will hold a person responsible for the actions of someone else. |
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Definition
| Negligence by the plaintiff that contributed to his or her injury. Normally, it is a complete bar to the plaintiff's recovery. |
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Definition
| The doctrine that states that despite the plaintiff's contributory negligence, the defendant should still be liable if the defendant was the last one in a position to avoid the accident. |
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Definition
| Voluntarily and knowingly subjecting oneself to danger. |
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Definition
| A provision that purports to waive libility. |
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Definition
| A method for measuring the relative negligence of the plaintiff and the defendant, with a commensurate of sharing the compensation for the injuries. |
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Definition
| Disregarding a substantial and unjustifiable risk that harm will result. |
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Definition
| Liability without having to prove fault. |
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Term
| Ultrahazardous Activities |
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Definition
| Those activities that have an inherent risk of injury and therefore may result in strict liability. |
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Definition
| The theory holding manufactureres and sellers liable for defective products when the defects make the products unreasonably dangerous. |
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Definition
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Term
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Definition
Intentional
Negligence
Strict Liability
No Liability
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