Ch 5 Flashcards
Battery
93-94
unauthorized and harmful or offensive direct or indirect physical contact with another person that causes injury.
ex. throwing a rock, shooting a bullet, poisoning a drink
assult and battery often occur together, although they fo not have to.
battery
93-94
battery
93-94
assault
93
- threat of immediate harm or offensive contract or 2. any action that arouses reasonable apprehension of imminent harm. Actual physical contact is unnecessary.
ex. makes a fist and threatens to punch
assault
93
false imprisonment /shoplifting
94
intentional confinement or restraint of another person without authority or justification and without the persons consent.
ex. locking doors in a house to not escape
almost all states. allows merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if:
reasonable grounds, reasonable time, and reasonable matter
libel
97
a false statement that appears in a letter, newspaper, book, movie basically anywhere thats writing or fixed medium.
defamation published to a 3rd person by whom
97
the statement was intentionally or accidentally published to a third party.
Publication simply means that a third person heard or saw the untrue statement. it does not require appearance in newspapers, magazines or books
defamation of public officials
97
cannot recover for defamation unless they can prove that the defendant acted with “actual malice”. actual malice means that the defendant made the false statement knowingly or with reckless disregard of its falsity.
intentional infliction of mental distress
98
tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for that emotional distress.
shame, humiliation, anger, fear
res ipsa loquitur
105
that things speaks for itself
leaving a surgical instrument and now doctors have to prove that he or she did not leave the instrument escapes liability
negligence per se
105
the violation of a statue or an ordinance constitutes the breach of the duty of care
if homeowner is responsible to fix public sidewalk and a pedestrian trips and is injured, injured party does not have to prove that homeowner owed the duty because the statute established that
assumption of the risk
108
defense that defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury
race car drives assumes the risk of being injured or killed in a crash
comparative negligence
109
damages are apportioned according to fault
if pedestrian is responsible for causing injuries 20% and drive 80%. driver pays 80,000 and pedestrian pays 20,000 from 100,000
strict liability
109
imposes liability without fault on a person who engages in an abnormally dangerous activity that causes injury or death to another person.
dog bites child after child kits dog in the eye. owner is strictly liable for the injuries caused by his dog even though he has committed no negligence himself.
