| A | B |
|---|
| intentional tort | Can be done against individuals & property |
| Negligence | Conduct that falls below the standard established by law for protecting others against unreasonable risk of harm |
| Preponderance of evidence | Plaintiff must prove negligence: 1) duty – defendant owed a duty of care to the plaintiff; 2) breach – defendant failed to act as expected; 3) causation – defendant’s conduct created injury; 4) damage – harm or injury suffered (economic and non-economic) |
| Remedy | What is done to compensate for an injury or to enforce some right |
| Restitution/damages | Restoring something to its owner or making good for loss or damage |
| Compensatory damages | Pay for the cost of the harm done |
| Nominal damages | Very small amounts of money; given to recognize a wrong occurred even if there was not a substantial injury |
| Punitive damages | Given to punish the offender and deter others from the same action |
| Injunction | Court order requiring a person to do, or refrain from doing, a particular act |
