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What is a Tort?
- A civil wrong
- Any harm caused by one person to another, other than through breach of contract, and for which the law provides a remedy
- EX: Defamation, Negligence, Trespass
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What is a Tort-Feasor?
- A person who commits a tort
- Tort law seeks to shift losses from victims to their tort-feasors who caused the loss
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What is an Intentional Tort?
- A harmful act that is committed on purpose.
- EX: Assault - threat of imminent physical harm
- EX: Battery - Intentional infliction of harmful or offensive physical contact
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What is Negligence?
Unreasonable conduct, including a careless act or omission, that causes harm to another
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What is Vicarious Liability?
The liability that an employer has for the tortious acts of an employee committed in the ordinary course or scope of employment.
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What is a Joint Tort-Feasor?
Sometimes 2 or more are held jointly responsible by a court for the plaintiff's loss or injury.
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What is Contributory Negligence?
- A defense
- Arises when the plaintiff is at least partially responsible for the harm that has occurred
- EX: Not wearing your seatbelt
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What are Types of Damages?
- Pecuniary Damages - Compensation for out-of-pocket expenses, loss of future income, and cost of future care
- Nonpecuniary Damages - Compensation for pain and suffering, loss of enjoyment of life and loss of life expectancy
- Punitive Damages - An award to the plaintiff to punish the defendant for the malicious, oppressive, and high-handed conduct
- Aggravated Damages - Compensation for intangible injuries such as distress and humiliation caused by the defendant's reprehensible conduct
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