Fundamentals of Tort Law

From the study guide

Chapter 5: Law of Tort Revision Sheet

1. 📌 Essentials

  • Tort: Civil wrong causing harm or loss, actionable for compensation.
  • Elements: wrongful act, damage, caus.
  • Damages: compensatory, nominal, exemplary.
  • Types: wrongful act, legal damage, remedies.
  • Dum pum sine: wrongful act without injury.
  • Injuria sine: injury without damage.
  • Strict liability: liability without fault; exceptions include act of God.
  • Absolute liability: strict liability with no defenses.
  • Vicarious liability: employer-employee, principal-agent, state.
  • Key torts: battery, assault, false imprisonment, negligence, defamation.

2. 🧩 Key Structures & Components

  • Wrongful Act — breach of duty causing damage.
  • Damage — injury or loss suffered.
  • Causation — link between act and damage.
  • Damages — monetary compensation awarded.
  • Strict Liability — liability without fault.
  • Absolute Liability — liability with no defenses.
  • Vicarious Liability — liability of one for another’s acts.
  • Battery — intentional physical contact without consent.
  • Assault — threat causing immediate apprehension.
  • False Imprisonment — unlawful confinement.
  • Negligence — breach of duty causing harm.
  • Defamation — false statement damaging reputation.
  • Malicious Prosecution — wrongful criminal proceedings.
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Practice quiz preview

1. What are the three core elements required to establish a tort claim?

2. Which type of damages is awarded as a punishment beyond compensation for actual loss?

3. In the context of tort law, what distinguishes strict liability from absolute liability?**

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Flashcard preview

Tort — definition?

Civil wrong causing damage, actionable for remedy.

Elements of Tort — components?

Wrongful act, damage, causation.

Dum pum sine — meaning?

Wrongful act without injury.

Tort — definition?

Civil wrong causing harm or loss.

Dum pum sine — meaning?

Wrongful act without injury.

Injuria sine — meaning?

Injury without damage.

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