ch 5: Torts and product liability Flashcards
2 notions of tort law
wrongs and compensations
what is tort law designed for
to compensate those who have suffered due to another persons wrongful act
damage vs damages
Damage- refers to harm to persons or property
Damages- referred to as the reward sought as a remedy
Compensatory damages
payment given to cover the real value of injuries or damage suffered (given to plaintiff)
compensatory damage broken into what 2 categories
-special
-general
Special damages
compensation based on quantifiable money losses (ex lost wages)
Legislative caps on damages
caps ranging from 250,000 to 750,0000
General damages
compensation for non monetary aspects such as pain or suffering
Punitive damages
-Monetary damages that may be awarded to a plaintiff to punish the defendant from the defendants pocket
classification of torts
-intentional
-unintentional
intentional tort vs unintentional
Intentional- when someone causes harm on purpose
Unintentional- when someone causes harm without intending to
Tortfeasor
the one committing the tort
intent in tort means
the person knew the consequences even if the consequence was not their intention
transferred intent
when someone intends to harm someone but accidently harms someone else (still is intentional)
assuault
any intentional and unexcused threat of immediate harmful or offensive contact (words or actions)
battery
- Physical contact with another that is unexcused, harmful or offensive, and intentionally performed.
ivy and jean example
: ivy threatening jean with the gun and pointing is assualt her actually firing the gun and shooting jean is battery
how is contact judged
Contact offense is judged by what a reasonable person would think and if it is found to be offensive the plaintiff can revive compensation for physical and emotional harm
false impriosnment
Confinement of another persons activities without justification
-Can be accomplished thru the use of physical barriers, physical restraint, or threats of physical force
can business have the right to reasonably detain
yes
Intentional infliction of emotional distress
(IIED)
extreme/outrages conduct resulting in severe emotional distress to another
how does IIED become ationable
to be actionable(capable of lawsuit) it must be so extreme it wouldn’t even be accepted by society
Defamation
false statements that are published/ publicly spoken that causes injury to another by hurting their reputation
libel
if the defamatory statement is written/recorded
Slander
if the defamatory statement is spoken
To establish defamation plaintiff MUST prove
That the defendant made a false statement
The statement was about the plaintiff and harmed their rep
The statement was published to at least one other person other than the plaintiff
If a plaintiff is a public figure they must prove actual malice
Statement of fact requirement
It is imp to determine if the defendant made a fact or option bc opinions are protected by the first amendment
Only defamatory if it is false and presented as a fact
Publication
means the statements are shared with people other than the person being defamed.
when publication is considered
if someone overhears defamatory statements by chance, it’s also considered publication
Anyone who repeats or republishes defamatory statements can be held liable, even if they reveal the original source.
Damages for libel
If someone is found responsible for libel, the plaintiff can receive general damages.
General damages cover things like damaged reputation, humiliation, and emotional distress, even if it’s hard to measure these harms.
Damages for slander
For slander cases, the plaintiff must prove they suffered actual loss due to the statement.
Without proving the plaintiff typically cannot win the case or recover damages.
This is because slanderous statements are considered temporary contrast to libel statements which are considered permanent
Defenses to defamation
Truth is a defense, so if a defendant can prove the statement is true no defamation occurs
Other defenses apply if a public figure i involved