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BLAW 220 > Chapter 5: Torts and Product Liability > Flashcards

Chapter 5: Torts and Product Liability Flashcards

1
Q

Tort

A

Harmful act causes injury to another.
Leads to civil liability.

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2
Q

Tort Law is designed to ______________ those who have suffered a _________ or _______________ due to another person’s wrongful acts, through _________________ ________________.

A

compensate; loss; injury; compensatory damages.

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3
Q

Damages

A

Monetary compensation for harm / injury.

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4
Q

Compensatory Damages

A

awarded to compensate / reimburse injured party for loss / harm.

Returns injured party to state they would’ve been in had tort not occured.

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5
Q

Types of Compensatory Damages

A

Special Damages
General Damages

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6
Q

Special Damages

A

awarded to plaintiff for quantifiable monetary losses.

(i.e. loss of wages, benefits, irreplaceable items)

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7
Q

General Damages

A

awared to plaintiff for nonmonetary damages

(i.e. tarnished reputation, broken relationships, disfigurement)

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8
Q

Punitive Damages

A

awarded to plaintiff to punish defendant & deter future criminal behavior.

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9
Q

Punitive Damages can ONLY be awared in _____________ ___________.

A

Intentional Torts

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10
Q

Many states place statutory limits on _______________ damages ranging from __________________ - _________________. ______________ damages are also limited, and in some states outright _____________.

A

general; 250,000; 750,000; Punitive; banned

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11
Q

2 Classifications of Torts

A

Intentional Torts
Unintentional Torts

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12
Q

Intentional Torts

A

Harm done to persons / property with intent.

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13
Q

Unintentional Torts

A

Harm due to breach of duty (Negligence) to act reasonably.

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14
Q

Defense

A

Reason(s) why the Plaintiff should not recieve damages.

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15
Q

Consent (defense)

A

When plaintiff consents/agrees to act that led to tort.

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16
Q

Tortfeasor

A

person committing tort / tortorious act

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17
Q

In tort law, _______________ requires that the person intended for a certain ________________ to happen, and knew the ___________ of that ________________.

A

intent; outcome; consequences; outcome

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18
Q

Transferred Intent

A

Ensures intent remains when torfeasor meant to harm one person but unintentionally harms another.

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19
Q

Assault

A

threat of harm or imminent physical contact.

defendant can be held liable for this, even if no physical contact is made.

the plaintiff simply has to feel fear of imminent harm.

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20
Q

Battery

A

Physical contact completed, causing harm / injury to plaintiff

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21
Q

Physical injury need __________ occur for an act to be considered _____________ (i.e an unwelcome kiss).

A

not; battery

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22
Q

False Imprisonment

A

intentional restraint / confinement of a person without justification.

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23
Q

Actionable

A

Capable of serving as the grounds for a lawsuit.

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24
Q

Defamation

A

Hurting a person’s good reputation.

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25
Q

Libel

A

Breach in duty to not defame in writing.

26
Q

Libel Per se

A

Comments in writing that are auotmatically defamatory, regardless of the circumstance.

27
Q

In cases of Libel, the comment made has to be a _____________ ______ __________. The plaintiff can only recover _____________ ______________.

A

statement of fact; general damages

28
Q

Slander

A

Breach in duty to not defame orally.

29
Q

Slander per se

A

Oral comments that are automatically defamatory regardless of circumstance

30
Q

In cases of slander, the plaintiff can only recover _____________ ________________. Meaning, the plaintiff has to prove the oral comments made caused him / her ________________ or ______________ loss.

A

special damages; economic; monetary

31
Q

_______________ is more damaging than _______________ because it’s more _______________.

A

Libel; damaging; slander

32
Q

Truth (Defense)

A

If what the defendant said was true, then he can’t be held liable.

33
Q

Privilege

A

Immunity from liability for defamatory statements.

34
Q

Types of Privileged Communications

A

Absolute Privilege
Qualified Privilege

35
Q

Absolute Privilege

A

granted in judicial proceedings / govt. proceedings

(i.e. attorney’s, legsilator’s defamatory comments are protected)

36
Q

Qualified Privilege

A

Not held liable for defamatory comments because qualified, conditional, position.

37
Q

Actual Malice

A

Defamatory statements made with knoweldge of its falsity, or reckless disregard for the truth.

38
Q

Appropriation

A

Imitating under another persons’ name, likeness, and characteristics without permmission.

for personal gain.

39
Q

Fraudulent Misrepresentation

A

False statement (mistatement or ommissions) w/ intent to deceive others for personal gain.

40
Q

Types of Intentional Torts against Property

A

1) Trespass to Land
2) Trespass to Personal Property
3) Conversion

41
Q

Real Property

A

property permanently attached to land.

42
Q

Personal Property

A

all other items that are moveable (belongings, possessions etc.)

43
Q

Tresspass to Land

A

1) Entering above, onto, below land owned by another.

2) Causing anything else to enter land.

3) Remaining on the land; permitting anything to remain on land.

44
Q

Tresspass to Personal Property

A
  • Taking / harming someone else’s personal property.
  • Interfering w/ owners lawful possession of property.
45
Q

In the case of Tresspass to Personal Property, it doesn’t just refer to the __________________ of personal property, but anything that ______________ it’s __________, condition, or quality.

A

destruction; dimishes; value

46
Q

Conversion

A

Depriving owner of personal property or Use of personal property w/o permision.

47
Q

Even if the conversion of property was not theft, such that the original owner allowed someone to borrow their property, ____________ to ____________ the property to the owner does constititute as conversion.

A

failure; return

48
Q

Someone who buys _____________ goods, who don’t know it was _____________, may still face a suit under a claim of ______________, because they aren’t entitled to the property; the owner is.

A

stolen; stolen; conversion

49
Q

Negligence

A

Failure to fulfill duty of care; leads to injury of another

50
Q

The Duty of Care is the ______________ amount of _________ exercised in dealings with others. Failure to exercise this _________ could result in a tort of negligence.

A

reasonable; care; care

51
Q

Reasonable Person Standard

A

Standard of what the “reasonable/rational” person SHOULD do in a given circumstance.

Determines whether action can be considered liable for negligence.

52
Q

Malpratice

A

Level of negligence of by a professional held to a higher standard.

53
Q

Causation in Fact

A

Injury would not have occured if not for the defendant’s actions.

54
Q

Proximate Cause

A

Connection between an act & injury are strong enough to impose liability.

55
Q

Good Samaritan Statutes

A

Someone being aided voluntarily cannot turn around and sue the “Good Samaritan” for negligence.

56
Q

Affirmative Defenses for Negligence

A
  • Assumption of Risk
  • Comparative / Contributory Negligence
57
Q

Assumption of Risk

A

Plaintiff who voluntarily participates in risky situation, and knows risk invovled, can’t recover damages.

58
Q

Contributory Negligence

A

A plaintiff, who was negligent, cannot recover anything from the defendant.

(this is no matter how insignificant the plaintiff’s negligence was)

59
Q

Comparative Negligence

A

Negligence exercised by Plaintiff AND Defendant is computed, and damages are distributed accordingly.

60
Q

Strict Liability

A

Liability without (being at) fault / criminal intent

61
Q

Product Liability

A

Liability of Manufacturers and sellers of defective or harmful product.

BLAW 220 (17 decks)

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