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
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
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
What is Negligence?
Unreasonable conduct, including a careless act or omission, that causes harm to another
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.
What is a Joint Tort-Feasor?
Sometimes 2 or more are held jointly responsible by a court for the plaintiff's loss or injury.
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
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