Tort

Khalid A.
43 words 43 learners

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words only definitions & notes
  1. tort
    a wrongdoing for which an action for damages may be brought
    Everyone agrees that a person intends a consequence if it is his desire or motive to bring it about, but beyond that it is probably not possible to lay down any universal definition for the purposes of tort.
  2. intentional
    done or made with purpose and will
    There has been much less discussion of intention in tort and there are probably at least two reasons for this (apart from the relative infrequency of cases on intentional torts).
  3. claimant
    someone who seeks a benefit, right, title, or payment
    First, since the abolition of the forms of action the claimant may sometimes be able to fall back upon a wider principle of liability for negligence: if I strike you, then provided I cause you hurt and that hurt could have been foreseeable to a reasonable man then my conduct amounts to the tort of negligence even if the court is in doubt whether I acted intentionally.
    6 Secondly, while the criminal law may insist that the defendant's intention must extend to all the elements and cons...
  4. criminal law
    the body of law dealing with offenses and their punishment
    First, since the abolition of the forms of action the claimant may sometimes be able to fall back upon a wider principle of liability for negligence: if I strike you, then provided I cause you hurt and that hurt could have been foreseeable to a reasonable man then my conduct amounts to the tort of negligence even if the court is in doubt whether I acted intentionally.
    6 Secondly, while the criminal law may insist that the defendant's intention must extend to all the elements and cons...
  5. defendant
    someone against whom an action is brought in a court of law
    In crime, the law-now is that the jury is entitled (but not, it
    seems, required) to infer intention where the defendant was aware that the harm was "virtually certain" to result from his act.5
  6. negligence
    failure to act with the prudence of a reasonable person
    First, since the abolition of the forms of action the claimant may sometimes be able to fall back upon a wider principle of liability for negligence: if I strike you, then provided I cause you hurt and that hurt could have been foreseeable to a reasonable man then my conduct amounts to the tort of negligence even if the court is in doubt whether I acted intentionally.
    6 Secondly, while the criminal law may insist that the defendant's intention must extend to all the elements and cons...
  7. infer
    conclude by reasoning
    Given this basic premise that intention can only be inferred from conduct we are still left with the problem of defining intention.
  8. defining
    the process of determining the form or meaning of something
    Given this basic premise that intention can only be inferred from conduct we are still left with the problem of defining intention.
  9. definition
    a brief explanation of the meaning of a word or phrase
    Everyone agrees that a person intends a consequence if it is his desire or motive to bring it about, but beyond that it is probably not possible to lay down any universal definition for the purposes of tort.
  10. context
    the set of facts or circumstances that surround a situation
    Indeed, the defendant is liable
    for the greater harm even if it is the result of some unusual susceptibility of the claimant, a principle developed primarily in the context of negligencee but applying with even more force to intentional wrongdoers.
  11. foresight
    seeing ahead; knowing in advance; foreseeing
    First, since the abolition of the forms of action the claimant may sometimes be able to fall back upon a wider principle of liability for negligence: if I strike you, then provided I cause you hurt and that hurt could have been foreseeable to a reasonable man then my conduct amounts to the tort of negligence even if the court is in doubt whether I acted intentionally.
    6 Secondly, while the criminal law may insist that the defendant's intention must extend to all the elements and consequence...
  12. liability
    the state of being legally obliged and responsible
    First, since the abolition of the forms of action the claimant may sometimes be able to fall back upon a wider principle of liability for negligence: if I strike you, then provided I cause you hurt and that hurt could have been foreseeable to a reasonable man then my conduct amounts to the tort of negligence even if the court is in doubt whether I acted intentionally.
    6 Secondly, while the criminal law may insist that the defendant's intention must extend to all the elements and cons...
  13. consequence
    a phenomenon that is caused by some previous phenomenon
    Everyone agrees that a person intends a consequence if it is his desire or motive to bring it about, but beyond that it is probably not possible to lay down any universal definition for the purposes of tort.
  14. primarily
    for the most part
    Indeed, the defendant is liable
    for the greater harm even if it is the result of some unusual susceptibility of the claimant, a principle developed primarily in the context of negligencee but applying with even more force to intentional wrongdoers.
  15. define
    show the form or outline of
    Given this basic premise that intention can only be inferred from conduct we are still left with the problem of defining intention.
  16. premise
    a statement that is held to be true
    Given this basic premise that intention can only be inferred from conduct we are still left with the problem of defining intention.
  17. intend
    have in mind as a purpose
    Everyone agrees that a person intends a consequence if it is his desire or motive to bring it about, but beyond that it is probably not possible to lay down any universal definition for the purposes of tort.
  18. initial
    occurring at the beginning
    First, since the abolition of the forms of action the claimant may sometimes be able to fall back upon a wider principle of liability for negligence: if I strike you, then provided I cause you hurt and that hurt could have been foreseeable to a reasonable man then my conduct amounts to the tort of negligence even if the court is in doubt whether I acted intentionally.
    6 Secondly, while the criminal law may insist that the defendant's intention must extend to all the elements and consequence...
  19. virtually
    in essence or in effect but not in fact
    In crime, the law-now is that the jury is entitled (but not, it
    seems, required) to infer intention where the defendant was aware that the harm was "virtually certain" to result from his act.5
  20. crime
    an act punishable by law; usually considered an evil act
    In crime, the law-now is that the jury is entitled (but not, it
    seems, required) to infer intention where the defendant was aware that the harm was "virtually certain" to result from his act.5
  21. jury
    a body of citizens sworn to give a verdict in a court of law
    In crime, the law-now is that the jury is entitled (but not, it
    seems, required) to infer intention where the defendant was aware that the harm was "virtually certain" to result from his act.5
  22. damage
    the occurrence of a change for the worse
    First, since the abolition of the forms of action the claimant may sometimes be able to fall back upon a wider principle of liability for negligence: if I strike you, then provided I cause you hurt and that hurt could have been foreseeable to a reasonable man then my conduct amounts to the tort of negligence even if the court is in doubt whether I acted intentionally.
    6 Secondly, while the criminal law may insist that the defendant's intention must extend to all the elements and consequence...
  23. conduct
    the way a person behaves toward other people
    Given this basic premise that intention can only be inferred from conduct we are still left with the problem of defining intention.
  24. principle
    a basic generalization that is accepted as true
    First, since the abolition of the forms of action the claimant may sometimes be able to fall back upon a wider principle of liability for negligence: if I strike you, then provided I cause you hurt and that hurt could have been foreseeable to a reasonable man then my conduct amounts to the tort of negligence even if the court is in doubt whether I acted intentionally.
    6 Secondly, while the criminal law may insist that the defendant's intention must extend to all the elements and cons...
  25. responsible
    worthy of or requiring trust; held accountable
    Thus if A strikes B intending some slight harm but B suffers greater harm (because, for example, he falls as a result of the blow) A is responsible for the greater harm if it is a direct consequence of the blow: he need not even foresee the possibility of the greater harm, let alone intend it.8
  26. elements
    violent or severe weather
    First, since the abolition of the forms of action the claimant may sometimes be able to fall back upon a wider principle of liability for negligence: if I strike you, then provided I cause you hurt and that hurt could have been foreseeable to a reasonable man then my conduct amounts to the tort of negligence even if the court is in doubt whether I acted intentionally.
    6 Secondly, while the criminal law may insist that the defendant's intention must extend to all the elements and cons...
  27. criminal
    someone who has committed a punishable act
    First, since the abolition of the forms of action the claimant may sometimes be able to fall back upon a wider principle of liability for negligence: if I strike you, then provided I cause you hurt and that hurt could have been foreseeable to a reasonable man then my conduct amounts to the tort of negligence even if the court is in doubt whether I acted intentionally.
    6 Secondly, while the criminal law may insist that the defendant's intention must extend to all the elements and cons...
  28. universal
    applicable to or common to all members of a group or set
    Everyone agrees that a person intends a consequence if it is his desire or motive to bring it about, but beyond that it is probably not possible to lay down any universal definition for the purposes of tort.
  29. separate
    standing apart; not attached to or supported by anything
    First, since the abolition of the forms of action the claimant may sometimes be able to fall back upon a wider principle of liability for negligence: if I strike you, then provided I cause you hurt and that hurt could have been foreseeable to a reasonable man then my conduct amounts to the tort of negligence even if the court is in doubt whether I acted intentionally.
    6 Secondly, while the criminal law may insist that the defendant's intention must extend to all the elements and consequence...
  30. provide
    give something useful or necessary to
    First, since the abolition of the forms of action the claimant may sometimes be able to fall back upon a wider principle of liability for negligence: if I strike you, then provided I cause you hurt and that hurt could have been foreseeable to a reasonable man then my conduct amounts to the tort of negligence even if the court is in doubt whether I acted intentionally.
    6 Secondly, while the criminal law may insist that the defendant's intention must extend to all the elements and cons...
  31. victim
    an unfortunate person who suffers from adverse circumstances
    First, since the abolition of the forms of action the claimant may sometimes be able to fall back upon a wider principle of liability for negligence: if I strike you, then provided I cause you hurt and that hurt could have been foreseeable to a reasonable man then my conduct amounts to the tort of negligence even if the court is in doubt whether I acted intentionally.
    6 Secondly, while the criminal law may insist that the defendant's intention must extend to all the elements and consequence...
  32. aware
    having or showing knowledge or understanding or realization
    In crime, the law-now is that the jury is entitled (but not, it
    seems, required) to infer intention where the defendant was aware that the harm was "virtually certain" to result from his act.5
  33. element
    a substance that cannot be separated into simpler substances
    First, since the abolition of the forms of action the claimant may sometimes be able to fall back upon a wider principle of liability for negligence: if I strike you, then provided I cause you hurt and that hurt could have been foreseeable to a reasonable man then my conduct amounts to the tort of negligence even if the court is in doubt whether I acted intentionally.
    6 Secondly, while the criminal law may insist that the defendant's intention must extend to all the elements and cons...
  34. require
    have need of
    In crime, the law-now is that the jury is entitled (but not, it
    seems, required) to infer intention where the defendant was aware that the harm was "virtually certain" to result from his act.5
  35. insist
    be emphatic or resolute and refuse to budge
    First, since the abolition of the forms of action the claimant may sometimes be able to fall back upon a wider principle of liability for negligence: if I strike you, then provided I cause you hurt and that hurt could have been foreseeable to a reasonable man then my conduct amounts to the tort of negligence even if the court is in doubt whether I acted intentionally.
    6 Secondly, while the criminal law may insist that the defendant's intention must extend to all the elements and cons...
  36. required
    necessary by rule
    In crime, the law-now is that the jury is entitled (but not, it
    seems, required) to infer intention where the defendant was aware that the harm was "virtually certain" to result from his act.5
  37. extend
    stretch out over a distance, space, time, or scope
    First, since the abolition of the forms of action the claimant may sometimes be able to fall back upon a wider principle of liability for negligence: if I strike you, then provided I cause you hurt and that hurt could have been foreseeable to a reasonable man then my conduct amounts to the tort of negligence even if the court is in doubt whether I acted intentionally.
    6 Secondly, while the criminal law may insist that the defendant's intention must extend to all the elements and cons...
  38. slight
    small in quantity or degree
    Thus if A strikes B intending some slight harm but B suffers greater harm (because, for example, he falls as a result of the blow) A is responsible for the greater harm if it is a direct consequence of the blow: he need not even foresee the possibility of the greater harm, let alone intend it.8
  39. develop
    progress or evolve through a process of natural growth
    Indeed, the defendant is liable
    for the greater harm even if it is the result of some unusual susceptibility of the claimant, a principle developed primarily in the context of negligencee but applying with even more force to intentional wrongdoers.
  40. desire
    the feeling that accompanies an unsatisfied state
    Everyone agrees that a person intends a consequence if it is his desire or motive to bring it about, but beyond that it is probably not possible to lay down any universal definition for the purposes of tort.
  41. former
    the first of two or the first mentioned of two
    First, since the abolition of the forms of action the claimant may sometimes be able to fall back upon a wider principle of liability for negligence: if I strike you, then provided I cause you hurt and that hurt could have been foreseeable to a reasonable man then my conduct amounts to the tort of negligence even if the court is in doubt whether I acted intentionally.
    6 Secondly, while the criminal law may insist that the defendant's intention must extend to all the elements and consequence...
  42. court
    an assembly to conduct judicial business
    First, since the abolition of the forms of action the claimant may sometimes be able to fall back upon a wider principle of liability for negligence: if I strike you, then provided I cause you hurt and that hurt could have been foreseeable to a reasonable man then my conduct amounts to the tort of negligence even if the court is in doubt whether I acted intentionally.
    6 Secondly, while the criminal law may insist that the defendant's intention must extend to all the elements and cons...
  43. action
    something done (usually as opposed to something said)
    First, since the abolition of the forms of action the claimant may sometimes be able to fall back upon a wider principle of liability for negligence: if I strike you, then provided I cause you hurt and that hurt could have been foreseeable to a reasonable man then my conduct amounts to the tort of negligence even if the court is in doubt whether I acted intentionally.
    6 Secondly, while the criminal law may insist that the defendant's intention must extend to all the elements and cons...
Created on Sat Apr 03 02:56:41 EDT 2010

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