Flashcards: Fundamentals of Tort Law and Liability — 19 cartões

Consent — defense?

Voluntary agreement negates liability if valid.

Duty of Care — definition?

Legal obligation to avoid foreseeable harm.

Breach of Duty — proof?

Conduct falling below reasonable standard.

Assault Elements — components?

Intent, act, reasonable apprehension.

Battery Elements — components?

Intent, contact, harm or offense.

Defenses to Torts — examples?

Consent, self-defense, necessity, privilege.

Self-defense — limits?

Reasonable, proportional force to prevent harm.

Battery — contact?

Harmful or offensive physical contact.

Duty of Care — owed?

To foreseeable persons under specific circumstances.

Res Ipsa Loquitur — meaning?

The thing speaks for itself; inference of negligence.

Assault — threat?

Imminent apprehension of harmful contact.

Negligence — standard?

Reasonable person in similar circumstances.

Breach of Duty — meaning?

Failure to meet standard of reasonable care.

Types of Torts — main categories?

Intentional, negligence, strict liability.

Tort Law — definition?

Civil wrong law providing remedies for harm.

Res Ipsa Loquitur — purpose?

To infer negligence from accident circumstances.

Intentional Torts — role?

Deliberate acts causing harm or offense.

Transferred Intent — applies?

Liability transferred when harm occurs to unintended person.

Negligence Elements — components?

Duty, breach, causation, damages.