Ch 10 Class Notes Flashcards
Strict liability
Part of chain to make product, if product causes harm
To person
A tort case involves?
Personal injury
2 types of intentional tort
1 assault
2 battery
Assault
Intimidating and aprehension of bodily harm
Battery
Actual harm
Awareness not required
What are 2 common defenses for battery?
1 consent
2 self defense
Would fraternity hazing result in assault and battery?
Usually not, because pledge gives consent
False imprisonment
Held against will
Malicious Prosecution
Arrest for wrong reason
Defamation
False statement of fact
Published or communicated to 3rd party
Causes damage to reputation
When a pharmacist is falsely accused of stealing by his employer, what kind of claim is the employer making?
A defamation claim
What is a full defense to a defamation claim?
The truth
3 types of invasion of privacy?
1 appropriation
2 intrusion upon seclusion
3 false light
Invasion of privacy false light example
Municipality terminated employee and put up bogus
Reason on public website
Fraud
Intention to deceive
Intentional tort
Actual malice
Intention to deceive in making that relationship
Ex. Oprah connected mad cow disease to Texas Cattle
And was sued by the slaughter company for actual
Malice
Wrongful interference contract with business relations
Draw employee away to steal design
4 components of a negligence case?
1 duty of care owed to plaintiff by defendant
2 defendant breaches duty
3 plaintiff suffers legally recognized injury
4 damages
Businesses have heightened duty when it comes to negligence because they must…
Make a profit
A frat pledge dies and the defense of the frat is the pledge chose to drink so there is no liability. Is there a basis to sue?
Yes the pledge is underage
Dram shop acts
Bar must look out for patrons
Tavern owners are liable for damages caused by visibly
Intoxicated persons
A pharmacist fills a prescription for a drug that causes a person internal bleeding. What is the basis to sue?
Basis to sue the drug maker and the doctor
Cause in fact, define, what test does it rely on?
Actual cause
Relies on “But for” test
Proximate cause, define, what test does it rely on?
Legal cause
Relies on “foreseeability test”
But for causation is limited by…
Proximate causation (what can be foreseen)
3 common defenses against negligence
1 contributory negligence
2 comparative negligence
3 assumption of risk
Contributory negligence
If plaintiff contributes more than 50% (depends on state)
Plaintiff can’t recover
Comparative negligence
Plaintiff is no more than 50% negligent
Assumption of risk
Plaintiff knew the risk
Plaintiff voluntarily assumes (accepts) risk
Res Ipsa Loquitor
Negligence speaks for itself
Ex. Barrels falls out window and hits pedestrian
Negligence per se
Violate state that sets standard of care
Good Samaritan statutes
Protects qualified rescuers from liability
Dram shop act: when is the bar liable?
When drunk driver they serve injures 3rd party
Product liability
Rises from contract law
When is a product defective?
When it departs from intended design
What is a common defense for strict liability for a product liability?
No defect
Compensatory damages
Put plaintiff back if they hadn’t been harmed
Punitive/exemplary damages
Punish defendant for outrageous behavior
What is the difference between a negligence claim and a product liability claim?
Product liability rises from contract law
In a car accident, what are the legal defenses when plaintiff is injured for not wearing seatbelt, asserting door latch is defectively designed.
1 no seatbelt (intervening factor)
2 actual accident not foreseeable
3 door designed for other accident reasons
