Common Law Tort Principles Quiz

Negligence in tort law hinges on the defendant's obligation to exercise a reasonable standard of care towards the plaintiff.

Slander involves spoken defamatory statements, while libel pertains to written or published forms of defamation.

False imprisonment involves intentionally restricting the plaintiff's freedom of movement without lawful justification.

Defamation is the legal term for a false statement that harms a person's reputation, encompassing both written (libel) and spoken (slander) forms.

Palsgraf v. Long Island Railroad Co. is significant in tort law for addressing the issue of foreseeability of harm, establishing a pivotal precedent.

The key element in establishing a claim for battery in tort law is the intent of the defendant to cause harmful or offensive contact.

Proximate cause in tort law establishes a direct connection between the defendant's actions and the harm suffered by the plaintiff.

Compensatory damages are the primary remedy in tort law, aiming to compensate the plaintiff for the losses incurred due to the defendant's actions.

Causation is the key element in establishing a claim for strict liability in tort law, indicating a direct link between the defendant's actions and the plaintiff's harm.

Assumption of risk is a defense in tort law where the plaintiff knowingly accepts the potential harm associated with the defendant's actions.

Punitive damages are intended to punish the defendant for exceptionally egregious conduct, serving as a deterrent.

The defense of 'necessity' in tort law asserts that the defendant had no reasonable alternative but to act in the given circumstances.

Negligence is not an intentional tort; it involves a failure to exercise reasonable care rather than deliberate harm.

The 'eggshell skull' rule holds the defendant liable for all consequences, even if the extent of harm was unforeseeable.

The 'thin-skull' rule asserts that the plaintiff's pre-existing vulnerabilities do not excuse the defendant's liability, and damages should be assessed without considering the plaintiff's susceptibility.

Res ipsa loquitur is a doctrine in tort law where the occurrence of an accident implies negligence, with the phrase translating to 'the thing speaks for itself.'

Comparative negligence is a principle in tort law that allows a plaintiff to recover damages proportionate to the defendant's fault, even if the plaintiff shares some responsibility for the injury.

Malice is the term for a false statement made with the knowledge of its falsity or with reckless disregard for the truth, often relevant in defamation cases.