Torts Essentials Flashcards
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Terms in this set
- Negligence A breach of a legal duty of reasonable care that actually and proximately causes harm to another.
- Battery An intentional act causing harmful or offensive contact with another person.
- Assault An intentional act causing reasonable apprehension of imminent harmful or offensive contact.
- Trespass An intentional, unauthorized physical entry onto another's land, regardless of whether harm results.
- Conversion An intentional act that substantially interferes with another's chattel, justifying a forced sale at the full value of the property.
- Defamation A false statement of fact, published to a third party, that damages the plaintiff's reputation.
- Nuisance A substantial and unreasonable interference with another's use or enjoyment of land.
- Causation The link between the defendant's act and the plaintiff's harm — both cause-in-fact (but-for) and proximate (foreseeability).
- Damages Monetary compensation awarded for a legally cognizable injury — the fourth element of negligence and the remedy in most tort claims.
- Duty A legal obligation to conform one's conduct to a standard of reasonable care for the protection of others against unreasonable risks.