Notes

Tort Law

A civil wrong which can be redressed by awarding damages. For more, click here: http://www.law.cornell.edu/wex/tort

Key Terms:

battery

The intentional causation of harmful or offensive contact with another's person without that person's consent. (http://www.law.cornell.edu/wex/battery) This is an example of an intentional tort.

comparative negligence

A tort rule for allocating damages when both parties are at least somewhat at fault. In a situation where both the plaintiff and the defendant were negligent, the jury allocates fault, usually as a percentage (for example, a jury might find that the plaintiff was 30% at fault and the defendant was 70% at fault). (http://www.law.cornell.edu/wex/comparative_negligence) This system has replaced the old rule of contributory negligence.

contributory negligence

A plaintiff was totally barred from recovery if they were in any way negligent in causing the accident, even if the negligence of the defendant was much more serious. (http://www.law.cornell.edu/wex/contributory_negligence) Today, the more common rule is comparative negligence.

damages

In tort law, a remedy in the form of monetary compensation to the harmed party. (http://www.law.cornell.edu/wex/damages)

fault

In civil law - negligence, want of care, an improper act or omission,injurious to another, and transpiring through negligence, rashness, or ignorance. (http://thelawdictionary.org/fault/)

intentional tort

A type of tort that can only result from an intentional act of the defendant (as opposed to a negligent one). (http://www.law.cornell.edu/wex/intentional_tort)

negligence

A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct). For more, click here: http://www.law.cornell.edu/wex/negligence

products liability

American law holds the manufacturers of consumer products strictly liable for injuries caused by manufacturing defects. For more, click here: http://www.law.cornell.edu/wex/products_liability.

punitive damages

Punitive damages are awarded in addition to actual damages in certain circumstances. Punitive damages are considered punishment and are awarded when the defendant's behavior is found to be especially harmful, but are normally not awarded in the context of a breach of contract claim. (http://www.law.cornell.edu/wex/punitive_damages)

res ipsa loquiter

Latin for "the thing speaks for itself." In tort, a principle that allows plaintiffs to meet their burden of proof with what is, in effect, circumstantial evidence. The plaintiff can create a rebuttable presumption of negligence by the defendant by proving that the harm would not ordinarily have occurred without negligence, that the object that caused the harm was under the defendant's control, and that there are no other plausible explanations. (http://www.law.cornell.edu/wex/res_ipsa_loquitur)

strict liability

Rule providing that if you cause an injury by a deliberate act, even if you did not mean to cause injury and were careful, you are liable to compensate the injured party. For more, click here: http://www.law.cornell.edu/wex/strict_liability