CH6 Flashcards
Know the idea that negligence tort is based on
Careless conduct that was intentionally but legally carelessness
Negligence torts are intended to protect people from what?
Protect people from harm from others’ unintentional but legally careless conduct
Know how the reasonable persona standard applies to doctors
The standard is that of a reasonably reasonably competent and experienced person in that profession
Know the definition of proximate cause
Limits liability to consequences that bear a reasonable relationship to the negligent conduct
Negligence requires two kinds of causation, cause in fact AND proximate cause
Negligence requires two kinds of causation, cause in fact AND proximate cause
You will only be liable for negligence if the chain of events and the damages were reasonably, foreseeable
You will only be liable for negligence if the chain of events and the damages were reasonably, foreseeable
Know the Assumption of the Risk defense
Requires that the injured party knew or should have known of the risk and that risk was voluntarily assumed
Know the holding of Schuemann v. Menard
Court held that there was no negligence by Menards as Schuemann was assumed the risk of injury
Know how the comparative negligence defense works
A defense to negligence whereby the plaintiff’s damages are reduced by the proportion the plaintiff’s fault bears to the total injury suffered
In intentional torts, understand the difference between motive and intent
Intent: the fact of wanting to do an act
The motive: Is legally distinct
Know the elements of Assault
Intentional conduct directed at a person that places the person in fear of immediate bodily harm or offensive contract
Person is subject to liability if he intends to act to cause a harmful or offensive contract, or an immediate apprehension of such contract, and another person is put in imminent apprehension or fear
Know the defense of Consent
Occurs when the injured party gave permission to the alleged wrongdoer to interfere with a personal right
May be expressed or implied by words or conduct
Know the elements of False Imprisonment
Intentional holding, detaining, or confining of a person that violated the protected interest in freedom from restraint of movement
Know the holding from Lawler v. Montblanc North America
She had no claim of emotional distress because situation was upsetting not outrageous
Is publication of facts already in the public domain an invasion of privacy?
No
Do entertainers, politicians and sports personalities have the same right to privacy as a non-public figure?
Yes
Know the elements of defamation
An intentional false communication that injuries a person’s reputation or good name
Know the Truth defense to defamation
If the statement that caused harm to a person’s reputation is the truth, some states hold truth is a complete defense regardless of the purpose or intent in publishing the statement
Torts
Intentional Torts
Require intent
Negligence Torts
No intent but an accident occurs they will find you
Ex: Car accidents
Strict Liability Torts
If someone gets you are automatically liable for it
Negligence
Duty of Care: Reasonable Person Standard
Breach of the Duty
Cause in Fact: Actual Cause
Proximate Cause: Foresee Ability
Damages
Ultimate Defense for Defamation is
Truth
