About This Chapter
Torts - Chapter Summary and Learning Objectives
A tort can be defined as a wrongdoing by one party that inflicts harm upon another party. There are many different types of legal issues that can be considered torts, which makes tort law one of the major areas of law. Understanding torts requires understanding the basics of what makes something fall within this area of law. It also involves becoming familiar with types of torts and different specific torts that are commonly filed. These are things that you will learn in this chapter. Our lessons will introduce you to topics that include:
- Transferred intent
- Defenses for negligence
- Strict liability
|What Is Tort Law? - Definition and Examples||Study the elements of tort law, such as negligence, prima facie, strict liability and intentional tort.|
|Battery: The Elements of an Intentional Tort||Examine the elements of battery.|
|What Is Assault? - Definition of an Intentional Tort||Explore the elements of assault.|
|Transferred Intent for Assault and Battery||Discover when transferred intent occurs.|
|Intentional Infliction of Emotional Distress: Definition and Examples||Take a look at the elements of intentional infliction of emotional distress.|
|Intentional Torts of Economic Relations: Definition and Elements||Find out about disparagement/tortuous interference with contract relationship.|
|Trespass, Conversion and Nuisance: Definition and Examples||Learn about the elements of conversion, trespass and nuisance.|
|Defenses to Intentional Torts to Avoid Liability||Discover how a defendant can raise a defense to avoid liability.|
|Negligence Torts: Definition and Cases||Study the elements of negligence.|
|Special Negligence Doctrines: Examples Cases||Take a look at res ipsa loquitur and negligence per se.|
|Defenses for Negligence: Definition and Examples||Learn about contributory negligence, comparative negligence, special defenses and assumption of risk.|
|Other Defenses to Negligence||Explore and learn about the Good Samaritan Act, Dram Shop Acts, Fireman's Rule, Damage Invites Rescue.|
|Defenses for Landowners, Common Carriers, Innkeepers and Social Host Negligence||Discuss defenses against charges of negligence filed against landowners, common carriers, innkeepers and social hosts.|
|Strict Liability Torts: Definition and Examples||Examine the elements of strict liability, including a look at abnormally, inherently and unreasonably dangerous activities.|
|Harm to Reputation or Economic Interests: Defamation, Libel, & Slander||Discover what defamation, libel, slander and interference with business relations are and how they relate to torts.|
1. What Is Tort Law? - Definition and Examples
A tort is simply a civil wrong. There are three general types of torts that may cause injury to another person. In civil law, torts are grounds for lawsuits to compensate a grieving party for any damages or injuries suffered.
2. Battery: The Elements of an Intentional Tort
The tort of battery occurs when a person intentionally inflicts bodily harm to another. While it generally involves some form of offensive contact that results in injury, the tort elements expanded to include contact that does not result in any physical harm.
3. What Is Assault? - Definition of an Intentional Tort
Assault is a tort and occurs when one person intentionally places anther in a state of fear. There are three types of assault: simple assault, assault and battery and aggravated assault. Each type of assault is intended to instill fear and may even involve physical pain against another person.
4. Transferred Intent for Assault and Battery
Transferred intent is a shift from an intended action against one party, to an action against another, and there does not need to be intent. It applies to any of the intentional torts, including trespass to land, trespass to chattels, assault, battery, and false imprisonment.
5. Intentional Infliction of Emotional Distress: Definition and Examples
When one party does something so harmful to another that it causes severe emotional trauma and the act was intentional and reckless, the injured party may have a tort action for intentional infliction of emotional distress.
6. Trespass, Conversion and Nuisance: Definition and Examples
Trespass, conversion and nuisance refer to three intentional torts that deal with the taking of, use or interference of one's rights to hold and keep one's property or things. These are purposeful acts and considered tortious behavior.
7. Defenses to Intentional Torts to Avoid Liability
An intentional tort is committed when a defendant interferes with another person's rights. There are times when a defendant can successfully mitigate liability by using one of several affirmative defenses.
8. Negligence Torts: Definition and Cases
Negligence is an unintentional tort wherein one party is injured as a result of the actions of another. There are several elements that must be present to prove this tort.
9. Special Negligence Doctrines: Examples Cases
Negligence per se and res ipsa loquitur are two types of special negligence doctrines that do not require the reasonable person test. Both doctrines assume liability for the fact that negligent acts caused damages.
10. Defenses for Negligence: Definition and Examples
Negligence simply means a person is not acting as responsibly as they should. There are defenses that can be used to mitigate the degree of responsibility a defendant must assume, with each defense having its own unique elements that reduce liability.
11. Other Defenses to Negligence
Sometimes a party causes a tort based on negligence, but can invoke a defense to negligence. This lesson explores several negligence claims and defenses, including the rescue doctrine, the Good Samaritan Act, the fireman's rule, and Dram Shop Acts.
12. Defenses for Landowners, Common Carriers, Innkeepers and Social Host Negligence
To avoid a negligence claim, some parties must show others a high duty of care. Even in these cases, there are available defenses to negligence. This lesson explores landowners, common carriers, innkeepers and social hosts.
13. Strict Liability Torts: Definition and Examples
Strict liability applies when a defendant places another person in danger, even in the absence of negligence, simply because he is in possession of a dangerous product, animal or weapon. The plaintiff need not prove negligence.
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Other chapters within the CLEP Introductory Business Law: Study Guide & Test Prep course
- History of American Law
- Sources of Law
- Constitutional Law
- American Legal Systems
- Legal Procedures
- Contract Law Basics
- Capacity in Contract Law
- Contract Law and Third Party Beneficiaries
- Contracts: Assignment and Delegation
- Contracts: Statute of Frauds
- Contracts: Scopes and Meanings
- Contracts: Breach of Contract
- Contracts: Discharge of Contracts
- The Legal Environment
- Securities and Antitrust Law
- Property Law
- Creditors' Rights
- International Business Law
- Product Liability and Consumer Protection
- Types of Business Organizations
- Defamation, Libel & Slander
- The Role of Agency in Business Law
- Sales & the Law
- CLEP Introductory Business Law Flashcards
- Additional CLEP Introductory Business Law Flashcards