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Related Flashcards
Related Topics
Cards In This Set
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Tort Law: Designed to
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-Provide compensation
-For injury -To a legally protected -Tangible or intangible -Interest |
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Tort: is
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'Civilized side' of a criminal wrong; or civil action arising out of a criminal wrong
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Purpose of tort law
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To compensate injured party
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Damages Available in Tort Actions
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-Compensatory Damages
-Special -General -Punitive Damages |
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Compensatory Damages
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Damages recovered in payment for actual injury or economic loss
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Special Damages
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Damages claimed and/or awarded in a lawsuit which were out-of-pocket costs directly as the result of the breach of contract, negligence or other wrongful act by the defendent. Special damages can include medical bills, repairs and replacement of property, loss of wages and other damages which are not speculative or subjective. They are distinguished from general damages, in which there is no evidence of a specific dollar figure.
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General Damages
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Monetary revovery (money won) in a lawsuit for injuries suffered (such as pain, suffering, inability to perform certian functions) or breach of contract for which there is no exact dollar value which can be calculated. They are distinguished from special damages, which are for specific costs, and from punitive (exemplary) damages for punishment and to set an example when malice, intent or gross negligence was a factor.
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Punitive Damages
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-Synonymous with exemplary damages
-Damages awarded in a lawsuit as a punishment and example to others for malicious, evil or particularly fraudulent acts -More likely for Intentional Torts and Gross Negligence than Negligence |
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Tort Reform (Critics, Class Action, Caps)
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Critics
-tort law encourages trivial and unfounded lawsuits, damage awards are excessive Class Action Fairness Award of 2005 -shifts large class action lawsuits from state to federal court Caps -more than half of the states have placed caps on general damages and punitive damages |
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True/False
To commit an intentional tort, a person must intend the consequences of his or her act. |
False: or know with substantial certainty that harm may ensue
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Types of Intentional Torts Against Persons
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-Assault and Battery
-False Imprisonment -Infliction of Emotional Distress -Defamation -Invasion of Privacy -Appropriation -Fraudulent Misrepresentation -Malicious Prosecution |
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Assault
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An intentional, unexcused act that:
-creates a reasonable apprehension of fear of, -immediate harmful or offensive contact -no contact necessary |
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Battery
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The completion of the assault:
-intentional or unexcused -harmful, offensive or unwelcome -physical contact |
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Defenses to Assault and Battery
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-Consent
-Self-Defense -Defense of others -Defense of property -the last three: Reasonableness standard: whats reasonable under the circumstances? What's proportionate? |
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George believes that the Buble Boy is about to choke him. To prevent harmful contact in this situation, George may use
A. any force B. any force, except force that is likely to cause death C. force that is reasonably necessary D. no force |
C. force that is reasonably necessary
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