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Torts - Terms and Definitions

Terms in this set (30)

Eggshell Plaintiff Rule
Even if a person is especially fragile, you are liable for all damages regardless of what can be forseen
Battery Definition
Infliction of a harmful or offensive contact by an actor upon another with the intent to cause such contact
Battery Definition 4 Components
1) Act
2) Intention to cause contact
3) contact is harmful or offensive
4) suffering from contact that is harmful or offensive
Assault
intentional acts to cause another to apprehend that he is about to suffer a certain kind of contact
Transferred Intent
Intent that the law may shift from an originally intended wrongful act to a wrongful act actually committed. • For example, if a person intends to kill one person but kills another inadvertently, the intent may be transferred to the actual act
Transferred Intent Doctrine
The rule that if one person intends to harm a second person but instead unintentionally harms a third, the first person's criminal or tortious intent toward the second applies to the third as well. • Thus, the offender may be prosecuted for an intent crime or sued by the third person for an intentional tort.
Default judgment
No filings in response to complaint. Plaintiff automatically wins
Summary judgment
All of the facts of the case are agreed upon. If approved, means this is a matter of law, not a matter of equity and therefore not a tort
Vicariously liable
Liability that a supervisory party (such as an employer) bears for the actionable conduct of a subordinate or associate (such as an employee) based on the relationship between the two parties. — Also termed imputed liability. See RESPONDEAT SUPERIOR
Respondeat Superior
idea of requiring an employer to answer for wrongs committed by its employee
Zone of Personality/Extended Personality
anything connected with the body as to be customarily regarded as part of the other's person and therefore as partaking of its inviolability. Example: man kicking stroller
Preponderance of evidence
permit the factfinder to conclude that her allegations are more likely than not true
ex contractu
"from a contract." This legal term indicates a consequence of a contract
ex delicto
"from a wrong or from a transgression". This legal term indicates a tort in modern usage. Historically it referred historically to both torts and crimes
Punitive damages
Punitive damages are awarded in addition to actual damages in certain circumstances. Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful. Punitive damages are normally not awarded in the context of a breach of contract claim.
Instrumentality
an object that can accomplish contact with another person, i.e., spit, bullet, umbrella
Sovereign immunity
the principle that a sovereign government cannot be taken to court unless it agrees to be sued
Corrective Justice Theory
an individual who has wronged another has a duty to repair the wrongful losses occasioned thereby - imposing liability creates equity
Reasons for government to allow torts
1) Punishment - punitive damages
2) Public safety - peacekeeping
3) Equity - Corrective Justice Theory
Harm
generally seen as physical/tangible/externally demonstrable
Offensive
generally seen as intangible/internally demonstrative
Single Intent Rule
only have to show intent for contact or harm/offensive
Double Intent Rule
show intent for contact and harm or offense
Intentional liability
A tort committed by someone acting with general or specific intent. • Examples include battery, false imprisonment, and trespass to land
Strict liability
Liability that does not depend on proof of negligence or intent to do harm but that is based instead on a duty to compensate the harms proximately caused by the activity or behavior subject to the liability rule. • Prominent examples of strict liability involve the rules governing abnormally dangerous activities and the commercial distribution of defective products. — Also termed liability without fault
Negligence Liability
What someone did or failed to do. The failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation; any conduct that falls below the legal standard established to protect others against unreasonable risk of harm, except for conduct that is intentionally, wantonly, or willfully disregardful of others' rights; the doing of what a reasonable and prudent person would not do under the particular circumstances, or the failure to do what such a person would do under the circumstances. • The elements necessary to recover damages for negligence are (1) the existence of a duty on the part of the defendant to protect the plaintiff from the injury complained of, and (2) an injury to the plaintiff from the defendant's failure
Product liability
manufacturer's or seller's tort liability for any damages or injuries suffered by a buyer, user, or bystander as a result of a defective product
4 types of liability
1) Intentional
2) Strict
3) Negligence
4) Product
Progression of a civil case
Discovery -> Motion for Summary Judgment -> Trial -> Jury Verdict -> (Overturn Jury Verdict - rare) -> Verdict -> Appeal
Remittitur
An order awarding a new trial, or a damages amount lower than that awarded by the jury, and requiring the plaintiff to choose between those alternatives <the defendant sought a remittitur of the $100 million judgment>. 2. The process by which a court requires either that the case be retried, or that the damages awarded by the jury be reduced.
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