Tort Law

Created by jpmika13 

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Tort

A civil wrong not arising from a breach of contract.

Defamation

Any published or publicly spoken false statement that causes injury to another company or person's good name, reputation or character.

Slander (semi-permanent)

Defamation in the spoken form.

Libel (permanent)

Written or recorded defamation.

Fraudulent Misrepresentation (Deceit)

Knowing false misrepresentation of a fact that is so significant that it would affect the resulting decision. One must have the intent to deceive and induce a person/company to enter a contract and there must be a resulting damage to the other person/company.

Abuse of Process

Using a legal process against another in an improper manor or to accomplish a purpose for which the process was not designed. Not limited to poor litigation and can be based on the wrongful use of subpoenas, court orders to attach or seize real property or other types of formal legal process.

Malicious Persecution

Initiating a lawsuit out of malice without probable cause.

Trespass (semi-permanent)

Messing with other peoples stuff or being on their property without their permission.

Conversion (permanent)

Wrongfully possessing or using the personal property of another as if the property belongs to you.

Disparagement of Property

An economically injurious falsehood made about another's product or property. A general term for torts that are more specifically referred to as slander of quality or slander of title.

Negligence

a failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.

Malpractice

Professional misconduct or the failure to excursive the requisite degree of skill as a professional. The failure to exercise due care - on the part of a professional such as a physician or an attorney.

Compensatory Damages Remedy

A monetary award equivalent to the actual value of injuries or damages sustained by the aggrieved party.

Punitive Damages Remedy

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct.

Treble Damages Remedy

A term that indicates that a statute permits a court to triple the amount of the actual/compensatory damages to be awarded to a prevailing plaintiff, generally in order to punish the losing party for willful conduct. Are a multiple of, and not an addition to, actual damages.

Gross Negligence (Recklessness or reckless disregard)

i. Carelessness in reckless disregard for the safety or lives of others, which is so great it appears to be a conscious violation of other people's rights to safety. It is more than simple inadvertence, but it is just shy of being intentionally evil.
ii. Serious carelessness. Negligence is the opposite of diligence, or being careful. The standard of ordinary negligence is what conduct one expects from the proverbial "reasonable man". Means they have fallen so far below the ordinary standard of care that one can expect.

Malice

A conscious, intentional wrongdoing either of a civil wrong like libel or a criminal act like assault or murder, with the intention of doing harm to the victim. This intention includes ill-will, hatred, or total disregard for the other's well-being. Is an element in first degree murder. In a lawsuit for defamation it may increase the judgment to include general damages. Proof is absolutely necessary for a "public figure" to win a lawsuit for defamation.

Assumption of Risk (victim could have avoided risk)

If a person assumes a known risk they cannot sue for negligence.

Contributory Negligence (Historical rule that has now been changed)

Victim was negligent too. Victim loses.

Comparative Negligence (Jury decides the percentages)

Victim was negligent too. Victim's recovery is reduced by percent of victim's own negligence.

Vicarious Liability

Legal responsibility placed on one person for the acts of another.

Respondent Superior

In Latin, "Let the master respond." A doctrine under which a principal or an employer is held liable for the wrongful acts committed by agent or employees while acting within the course and scope of their agency or employment.

Strict Liability

Liability regardless of fault. In tort law it may be imposed on defendants in cases involving abnormally dangerous activities, animals or defective products.

Product Liability

The legal liability of manufactures, sellers and leasers of goods to consumers, users and bystanders for injuries or damages that were caused by the goods.

tort

A breach of a legal duty that proximately causes harm or injury to another.

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