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MGMT 211 Swim > Chapter 5 > Flashcards

Chapter 5 Flashcards

1
Q

Torts deal with ___

A

Involuntary Actions

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2
Q

Definition of a tort?

A
  • Civil wrong other than a breach of contract

- court provides remedy in form of damages

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3
Q

Difference between criminal cases and tort cases?

A

Criminal Case
-deals with one party and society

Tort Case
-deals with one party and private party

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4
Q

Only way a tort case verdict can punish a criminal?

A

Require them to pay

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5
Q

The person in a tort case who committed the wrong is called the ___

A

Tortfeasor

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6
Q

What are the 3 types of Tort Cases and explain them.

A

Intentional Torts

  • tortfeasor meant to commit act that caused harm
  • doesn’t mean tortfeasor meant to cause harm, only they mean to commit act

Negligence

  • unintentional act that causes harm
  • should have been more careful

Strict Liability

  • liability without fault
  • cases arise in abnormally dangerous activities

EX: A building suddenly implodes and kills 5 people, someone will be held responsible

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7
Q

What are the 4 purposes of Tort Law, explain each

A

Appeasement

  • compensation to the victim
  • makes victim feel better and not retaliate
Justice
 Ethical Retribution
  -tortfeasor caused harm
  -tortfeasor should be harmed 
  -compensation to victim harms the tortfeasor
 Ethical Compensation
  -victim was harmed
  -victim should be compensated

Deterrence

  • decreases liklihood of bad behavior (avoid lawsuit)
  • least cost avoider should pay

Social Insurance

  • says that the person in the best position should pay out to victims
  • deep pockets theory
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8
Q

What are Least-Cost-Avoider

A

In the event that victims were harmed and you don’t know who to charge for the Liability:

-party who can pay liability and suffer the least impact pays

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9
Q

Compensatory Damages

A

Purpose is to make victim WHOLE again

  • all PAST and FUTURE costs
  • past and future medical expenses
  • past pain and future pain
  • past and future economic loss
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10
Q

Who determines the amount of Compensatory Damages

A
  • jury determines

- if no jury then judge

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11
Q

Punitive Damages

A
  • designed to punish tortfeasor
  • gross negligence
  • “Willful and Wanton” disregard for saftey
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12
Q

How do you prove need for Compensatory Damages in court? (Actually you prove harm first)

A
  • solid evidence

- color photos of injuries

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13
Q

Whats the difference between these 3 terms:

Negligence
Gross Negligence
Willful and Wanton disregard for safety

A

Negligence
-you should have thought to be more reasonable before someone got hurt

Gross Negligence

  • you knew you should have been more reasonalbe
  • still didn’t be reasonable

Willful and Wanton Disregard for Safety

  • you knew you should be more reasonable
  • intentional wrongful act
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14
Q

Punitive Damages and 8th Amendment?

A
  • Tortfeasors said Punitive damages “fines” violate 8th amendment
  • court says “fines” talked about in 8th amendment don’t apply to Punitive Damages

Tort Reform

  • says whatever punitive damages are awarded, divide number by 2,3, or 4
  • led to buying off of judges/state legislators
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15
Q

3 ways businesses get into torts

A
  • business to person
  • business to business
  • products of business
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16
Q

In tort cases, large verdicts awarded are reduced down to a lower amount by who?

A
  • Trial Judges

- Appellate Courts

17
Q

2 Types of Intentional Torts?

A

Personal
-assault
-battery
Property

18
Q

Difference between Assault and Battery

A

Assault

  • fear of apprehension
  • fear of bodily harm
  • reasonable person standard

Battery

  • physical contact required
  • physical contact does not have to be HARM
19
Q

Hill v Western Union

A
  • Ms Hill threatened by drunk employee
  • sues company not employee
  • wins trial court for assault
  • loses in appellate court
  • employee wasn’t acting in scope of authority
20
Q

3 defenses to Assault or Battery?

A

Consent
-expressed or implied
EX: Football player has implied consent to hit you

Privilege
-Cops can assault or battery you if need be

Self-Defense

  • can use deadly force if first used against you
  • some states make it easier to shoot trespasser (“stand your ground” or “shoot first”)
  • Texas Penal Code calls it “Castle Doctrine”
21
Q

False Imprisionment

A

Intentional holding or detaining of person that causes harm

  • restraining of person in prison who is supposed to be released
  • physical restraint
  • threatening restraint
  • against person
  • against family
22
Q

Shopkeeper’s Privilege?

A
  • is common law
  • says merchants have right to detain thief for certain amount of time

-some states made it statutory law

Texas FOLLOWS THE PENAL CODE

  • can’t detain thief for under 50 dollars
  • Dallas Police don’t write citations for under 50 dollars
  • dallas police won’t respond to call UNLESS thief is not identifying themselves
23
Q

Intentional Infliction of Mental Distress

A
  • outrageous or Extreme behavior
  • creates severe mental distress
  • outside bounds of decency
24
Q

Proving a Intentional Infliction of Mental Distress? In Texas?

A

-hard to prove

  • have to prove physical harm (Stroke, or Heart Attack)
  • Texas didn’t recognize this tort until 1993
25
Q

Invasion of Privacy?

A
  • intentional intrusion
  • unwarranted (unwarranted means it wasn’t aloud, not that it wasn’t wanted) public exposure
  • intrusion is offensive to a reasonable person
26
Q

What is the Statue of Limitations for Contracts vs. Torts?

A

Contracts
-4 years
Torts
-2 years

MGMT 211 Swim (17 decks)

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