Chapter 6 Flashcards
Tort
A civil wrong not arising from a breach of contract.
Intentional torts
Result from the intentional violation of person or property.
Unintentional torts
Unintentional accident that leads to injury/damage.
Invasion of privacy under the common law
- Intrusion into an individual’s affairs or seclusion
- False light
- Public disclosure of private facts
- Appropriation of identity
Appropriation of identity
Using a person’s name/picture without their permission for commercial purposes.
Fraud
Any misrepresentation knowingly made with the intention of deceiving another.
The tort of fraud includes several elements
- Misrepresentation of facts with knowledge that they’re false
- Intent to induce another party to rely on the misrepresentation
- A justifiable reliance on the misinterpretation by the deceived party
- Damages suffered as a result
- Connection between misinterpretation and injury
Puffery
A salesperson’s exaggerated claims concerning the quality of goods.
Interference Claim
Interference with a contract or interference with a business.
Intentional torts against property include
- Trespass to land
- Trespass to person property
- Conversion
- Disparagement of property
Real Property
Land and things permanently attached to the land.
Personal Property
Consists of all other items.
Trespass to land
The entry onto, above, or below the surface of land owned by another without the owner’s permission.
Liability for harm
A trespasser is liable for any damage caused to the property or injuries sustained.
Licensee
One who receives a license to use or enter another’s property.
Trespass to personal property
The unlawful taking or harming of another’s personal property.
Conversion
The wrongful taking, using, or retaining possession of personal property that belongs to another.
Disparagement of property
An economically false statement made about another person’s property.
Negligence
Failure to exercise the standard of care of a reasonable person.
To succeed in a negligence action, the plaintiff must prove
- Duty
- Breach
- Causation
- Damages
Two requirements of causation needed to be met
- Causation in fact
- Proximate Cause
Causation in fact
An act without (“but for”) which an event had not occurred.
Proximate Cause
Legal cause exists when the connection between an act and injury is strong enough to justify imposing liability.
- Needs to be foreseeable
Abuse of process
Applies to any person using a legal process against another in an improper manner.
Duty to care
The duty of all people to exercise a reasonable amount of care in dealing with others.
Determining whether the duty has been breached
- The nature of the act
- The manner in which the act was performed
- The nature of the injury
Reasonable person standard
The standard behavior expected of a reasonable person against which negligence is measured.
Compensatory damages are
The norm in negligence cases.
Good Samaritan Statute
A state statute that provides that persons who rescue or provide aid to others in peril, unless done recklessly, cannot be sued for negligence.
Dram Shop Act
A state statute that imposes liability on the owners of bars/taverns or those who serve alcohol to the public for injuries resulting from accidents caused by intoxicated persons when they distributed the alcohol.
3 basic affirmative defenses in negligence cases
- Assumption of risk
- Superseding cause
- Contributory and comparative negligence
Assumption of risk
Defense that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger.
Superseding Cause
An intervening force or event that breaks the connection between a wrongful act and an injury to another.
- Relieves the defendant of liability
Contributory Negligence
Theory in tort law under which a complaining party’s own negligence contributed to their injuries.
- Absolute bar to recovery in a minority of jurisdictions
Comparative Negligence
Compare the negligence of the parties; lets plaintiff recover a percentage of their damages based on how much they’re at fault.
