Chapter 5 Flashcards
Intentional tort
a category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff’s injuries.
Intentional Tort-Assault
Assault is
1) the threat of immediate harm or offensive contact or
2) any action that arouses reasonable apprehension of imminent harm.
3) actual physical contact is unnecessary, but threats of future harm are not actionable.
Intentional Tort-Battery
1) unauthorized and harmful or offensive physical contact with another person
2) that causes injury.
* indirect physical contact between the victim and the perpetrator is also battery, as long as injury results, ex. throwing a rock.
Transferred intent doctrine
under this doctrine, the law transfers the perpetrator’s intent from the target to the actual victim of the act.
- if a person acts with the intent to injure one person, but actually injures another.
- victim can sue the defendant.
Intentional Tort-False imprisonment
1) the intentional confinement or restraint of another person
2) without authority or justification and
3) without that person’s consent.
Merchant protection statutes (shopkeeper’s privilege)
statutes that allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if
1) there are reasonable grounds for the suspicion
2) suspects are detained for only a reasonable time and
3) investigations are conducted in a reasonable manner.
Intentional Torts: defamation of character
in court, the plaintiff must prove that
1) the defendant made an untrue statement of fact about the plaintiff and
2) the statement was intentionally or accidentally published to a third party.
Intentional Torts: disparagement (also called trade libel, product disparagement, and slander of title)
Te plaintiff must show that the defendant
1) made an untrue statement about the plaintiff’s products, services, property, or business reputation
2) published that untrue statement to a third party
3) knew the statement was not true and
4) made the statement maliciously (i.e., with intent to injure the plaintiff).
Intentional Misrepresentation (Fraud)
Four elements are required to find fraud:
1) the wrongdoer made a false representation of material fact.
2) the wrongdoer had knowledge that the representation was false and intended to deceive the innocent party.
3) the innocent party justifiably relied on the misrepresentation.
4) the innocent party was injured.
Unintentional Torts (Negligence)
a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.
- to be successful in a negligence lawsuit, the plaintiff must prove that
1) the defendant owed a duty of care to the plaintiff,
2) the defendant breached this duty of care,
3) the plaintiff suffered injury,
4) the defendant’s negligent act caused the plaintiff’s injury and
5) the defendant’s negligent act was the proximate cause of the plaintiff’s injuries.
Duty of Care
the obligation people owe each other not to cause any unreasonable harm or risk of harm.
Breach of the Duty of Care
a failure to exercise care or to act as a reasonable person would act.
Injury
a plaintiff’s personal injury or damage to his or her property that enables him to recover monetary damages fro the defendant’s negligence.
Elements of Negligence
1) the defendant owed a duty of care to the plaintiff.
2) the defendant breached this duty.
3) the plaintiff suffered injury
4) the defendant’s negligent act was the actual cause (or causation in fact) of the plaintiff’s injuries.
5) the defendant’s negligent act was the proximate cause (or legal cause) of the plaintiff’s injuries. the defendant is liable only for the foreseeable consequences of his or her negligent act.
Strict Liability
liability without fault. *a participant in a covered activity will be held liable for any injuries caused by the activity, even if he or she was not negligent. This doctrine holds
1) there are certain activities that can place the public at risk of injury even if reasonable care is taken and
2) the public should have some means of compensation if such injury occurs.
imposed for abnormally dangerous activities that cause injury or death.
Ex. crop dusting, blasting, fumigation, burning of fields, storage of explosives, and the keeping of animals and pets are usually considered activities to which strict liability applies.
