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2013 Winter NALS Ch 13 Torts Terms 2

AB
compensatory damagesCompensation to the injured party for the injury sustained.
consentAgreement; voluntary acceptance of the wish of another.
contractAn enforceable agreement between two or more competent parties, which creates an obligation to do or not to do a particular thing.
damagesPecuniary compensation which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property or rights through the unlawful act or omission or negligence of another.
defense of propertyAffirmative defense in criminal law or tort law where force was used to protect one’s property.
due careThat care which a reasonable, prudent person would exercise in a particular situation.
dutyLegal or moral obligation.
faultNegligence; an error or defect of judgment or of conduct.
privilegeA benefit or advantage to certain persons beyond the advantages of other persons, i.e., an exemption, immunity, or power.
punitive damageAn award in addition to the actual loss.
res ipsa loquiturThe thing speaks for itself.
self-defenseThe right of a person to defend person, property, home, or family against anyone who intends to commit a forcible felony.
vicarious liabilityThe imposition of liability on one person for the actionable conduct of another, based solely on a relationship between the two persons.
assumption of riskThe legal rule under which a person may not recover for an injury received when voluntarily exposed to a known danger.
breach of dutyAny violation or omission of a legal or moral duty.
comparative negligenceThe rule by which negligence is measured by a percentage, and damages are diminished in proportion to the amount of negligence attributable to the person seeking recovery.
contributory negligenceAn affirmative defense which means that the injuries and damages complained of by the plaintiff were caused in whole or in part, or were contributed to as a result of the plaintiff’s own negligence.


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