COB 218 Chapter Notes - Chapter 6: Malicious Falsehood, Res Ipsa Loquitur, Comparative Negligence
2 Oct 2016
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Document Summary
Two notions serve as the bias of all torts: wrongs and compensation. Compensatory damages: a monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party. Punitive damages: monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future. Defenses: reasons why the plaintiff should not obtain damages. How the tort occurs (intentionally or negligently) & the surrounding circumstances. Negligence: breach of a duty to act reasonably (fault without intent) Transferred intent: a legal principle under which a person who intends to harm one individual, but unintentionally harms a second person, can be liable to the second person for an unintentional tort. Assault: any intentional & unexcused threat of immediate harmful or offensive contact (words or acts that create a reasonably believable threat) Battery: unexcused, harmful, or offensive physical contact with another that is intentionally performed.
