Key Tort Law Terms

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Tort Law
A civil wrong can be redressed by awarding damages.
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Battery
The intentional causation of harmful or offensive contact with another's person without that person's consent. This is an example of an intentional tort.
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Comparative Negligence
A tort rule for allocating damages when both parties are at least somewhat at fault. In a situation where both the plaintiff and the defendant were negligent, the jury allocates fault, usually as a percentage (for example, a jury might find that the plain
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Contributory Negligence
A plaintiff was totally barred from recovery if they were in any way negligent in causing the accident, even if the negligence of the defendant was much more serious.
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Damages
In tort law, a remedy in the form of monetary compensation to the harmed party.
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Fault
In civil law - negligence, want of care, an improper act or omission, injurious to another, and transpiring through negligence, rashness, or ignorance.
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Intentional Tort
A type of tort that can only result from an intentional act of the defendant (as opposed to a negligent one).
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Negligence
A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to hel
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Products Liability
American law holds the manufacturers of consumer products strictly liable for injuries caused by manufacturing defects.
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Punitive Damages
Punitive damages are awarded in addition to actual damages in certain circumstances. Punitive damages are considered punishment and are awarded when the defendant's behavior is found to be especially harmful, but are normally not awarded in the context of
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Res Ipsa Loquitur
Latin for "the thing speaks for itself." In tort, a principle that allows plaintiffs to meet their burden of proof with what is, in effect, circumstantial evidence. The plaintiff can create a rebuttable presumption of negligence by the defendant by provin
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Strict Liability
Rule providing that if you cause an injury by a deliberate act, even if you did not mean to cause injury and were careful, you are liable to compensate the injured party.
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Other cards in this set

Card 2

Front

The intentional causation of harmful or offensive contact with another's person without that person's consent. This is an example of an intentional tort.

Back

Battery

Card 3

Front

A tort rule for allocating damages when both parties are at least somewhat at fault. In a situation where both the plaintiff and the defendant were negligent, the jury allocates fault, usually as a percentage (for example, a jury might find that the plain

Back

Preview of the back of card 3

Card 4

Front

A plaintiff was totally barred from recovery if they were in any way negligent in causing the accident, even if the negligence of the defendant was much more serious.

Back

Preview of the back of card 4

Card 5

Front

In tort law, a remedy in the form of monetary compensation to the harmed party.

Back

Preview of the back of card 5
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