Tort law is to provide a remedy (damages) for injury to a protected interest. Torts related abusive litigation include malicious prosecution and abuse of process. The basic principle underlying the duty of care is that people are free to act as they please so long as their actions do not infringe on the interests of others. Monetary award sought as a remedy for a tort or breach of contract, Special Damages (Compensation for quantifiable monetary losses), ALL intentional torts require proof that the defendant either : (3), Defendant's act (physical or verbal) INTENTIONALLY. The four elements to every successful tort case are: duty, breach of duty, causation and injury . Name: _____/ 71 points Chapter 4 Test – Tort Law Part 1 – Multiple Choice/True False (2 points each) 1. Occasionally the courts also award Punitive damages in tort cases to punish the wrongdoer and deter others from similar wrongdoing. There are two broad classifications of torts? If it can be shown that the interference was justified or permissible. _________________ refers to monetary compensation for such harm or injury. The owner or bartender may also be held responsible for continuing to serve a person who was already intoxicated. 1) Intrusion of individual's affairs or seclusion. -- this is known as what? Surviving members submitting a claim or filing a lawsuit must prove each element to win a case for financial recompense. There are three types of tort cases in which you could be involved. Elements of a Negligence Case In order for a plaintiff to win a lawsuit for negligence, they must prove all of the "elements. For tort liability to arise, the plaintiff have suffered a LEGALLY RECOGNIZED injury. It looks like your browser needs an update. Negligence (Lat. Before you begin negotiating your claim, you must understand how to prove all the elements that combine to form negligence. Duty is the obligation that people in a society owe those around them to not place them in harm's way. Although negligence exists in many forms, the definition remains constant: The elements of each are slightly different. ______________________ is the intentional confinement or restraint of another person's activities without justification. The plaintiff suffered injury in some form. 1) A valid, enforceable contract must exist between two parties. Damages for ____________ are General damages are presumed and the plaintiff does not have to prove actual injury. __________________ occurs when economically injurious falsehoods are made about another's product or property rather than about another's reputation. It is not necessarily how a particular person WOULD act. The classification of a tort depends largely on what? Step #5: Damages - It must be established the plaintiff was injured (non-economic injuries or economic harm) as a result of the defendant's action. A trespass to land occurs when a person, without permission, does what three things? This is called what? Persons who possess superior knowledge, skill, or training are held to a higher standard of care than others. In order to meet a prima facie (on its face) case for negligence a plaintiff must definitively prove the following four elements: Step #4: Proximate Cause - It must be established that the defendant's action was the most direct cause of the injuries sustained in situations with multiple contributing factors. Now up your study game with Learn mode. three basic categories of tort law. The elements are duty, breach of duty, causation, and verifiable damages. 1) Duty - the defendant owed a duty of care to the plaintiff. Tort law is the type of law and negligence is a type of legal claim or cause of action. If no harm or injury results from a given negligent actions, there is nothing to compensate, and no tort exists. Learn about the elements of slander and libel, and more, at FindLaw's Torts and Personal Injuries section. -- This is usually determined by the "but for" test. Tort law decides whether a person should be held legally responsible for injury against another, and what type of compensation the injured party is entitled to. Purpose of tort law is to compensate for legally recognized harms and injuries resulting from wrongful acts. Learn vocabulary, terms, and more with flashcards, games, and other study tools. An _______________ is an intentional and unexcused threat of immediate harmful or offensive contact -- words or acts -- that create a reasonably believable threat. Four elements are required to establish a prima facie case of negligence: the existence of a legal duty that the defendant owed to the plaintiff defendant's breach of that duty plaintiff's sufferance of an injury proof that defendant's) Oh no! An assault claim requires an act intended to cause an apprehension of harmful or offensive contact -- the elements of the tort. Essentially, what is the purpose of tort law? This is the defense of ASSUMPTION OF RISK, which requires two elements what are they? If a party initiates a lawsuit to of malice and without a legitimate legal reason, and ends up losing the suit, that party can be sued for what? However, the process of litigating each of them is basically the same. What is a tort? 17.17 Immunity from liability in tort is perhaps the most concerning type of executive immunity from civil liability, given its effect on people’s fundamental rights. Torts and Personal Injuries Maybe you’ve heard the phrase “tort reform” and wondered what exactly it meant. What are Special Damages and what are General Damages? In determining whether the duty of care has been breached, courts consider several factors what are they? Whether the contact is offensive is determined by the reasonable person standard. Which of the following court cases involves a tort? Even if a plaintiff proves all the elements of a tort, the defendant can raise a number of legally recognized DEFENSES. For example, defamation involves making false statements that harm reputation, and it is a category of tort that includes both slander and libel. Wrongful actions that interfere with an individual's legally recognized rights to his/her land or personal property. On how the tort occurs (intentionally and unintentionally) and the surrounding circumstances. In addition, intent can be transferred when a defendant intends to harm one individual, but unintentionally harms a second person. It is unexcused and harmful or offensive physical contact intentionally performed. A plaintiff who voluntarily enters into a risky situations, knowing the risk involved, will not be allowed to recover. ___________________ is under which a bar's owner or bartender may be held liable for injuries caused by a person who became intoxicated while drinking at a bar. The use of email and text message may also acceptable under GOB 5-701(4). Tort law recognizes that people have a right not to be sued without a legally just and proper reason, and therefore it protects individuals from the misuse of litigation.