Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

LAW 2150 Ex2 > Chapter 6 > Flashcards

Chapter 6 Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Tort

A

A civil wrong not arising from a breach of contract.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Intentional torts

A

Result from the intentional violation of person or property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Unintentional torts

A

Unintentional accident that leads to injury/damage.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Invasion of privacy under the common law

A
  • Intrusion into an individual’s affairs or seclusion
  • False light
  • Public disclosure of private facts
  • Appropriation of identity
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Appropriation of identity

A

Using a person’s name/picture without their permission for commercial purposes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Fraud

A

Any misrepresentation knowingly made with the intention of deceiving another.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

The tort of fraud includes several elements

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Puffery

A

A salesperson’s exaggerated claims concerning the quality of goods.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Interference Claim

A

Interference with a contract or interference with a business.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Intentional torts against property include

A
  • Trespass to land
  • Trespass to person property
  • Conversion
  • Disparagement of property
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Real Property

A

Land and things permanently attached to the land.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Personal Property

A

Consists of all other items.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Trespass to land

A

The entry onto, above, or below the surface of land owned by another without the owner’s permission.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Liability for harm

A

A trespasser is liable for any damage caused to the property or injuries sustained.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Licensee

A

One who receives a license to use or enter another’s property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Trespass to personal property

A

The unlawful taking or harming of another’s personal property.

17
Q

Conversion

A

The wrongful taking, using, or retaining possession of personal property that belongs to another.

18
Q

Disparagement of property

A

An economically false statement made about another person’s property.

19
Q

Negligence

A

Failure to exercise the standard of care of a reasonable person.

20
Q

To succeed in a negligence action, the plaintiff must prove

A
  • Duty
  • Breach
  • Causation
  • Damages
21
Q

Two requirements of causation needed to be met

A
  • Causation in fact
  • Proximate Cause
22
Q

Causation in fact

A

An act without (“but for”) which an event had not occurred.

23
Q

Proximate Cause

A

Legal cause exists when the connection between an act and injury is strong enough to justify imposing liability.

  • Needs to be foreseeable
24
Q

Abuse of process

A

Applies to any person using a legal process against another in an improper manner.

25
Q

Duty to care

A

The duty of all people to exercise a reasonable amount of care in dealing with others.

26
Q

Determining whether the duty has been breached

A
  • The nature of the act
  • The manner in which the act was performed
  • The nature of the injury
27
Q

Reasonable person standard

A

The standard behavior expected of a reasonable person against which negligence is measured.

28
Q

Compensatory damages are

A

The norm in negligence cases.

29
Q

Good Samaritan Statute

A

A state statute that provides that persons who rescue or provide aid to others in peril, unless done recklessly, cannot be sued for negligence.

30
Q

Dram Shop Act

A

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.

31
Q

3 basic affirmative defenses in negligence cases

A
  • Assumption of risk
  • Superseding cause
  • Contributory and comparative negligence
32
Q

Assumption of risk

A

Defense that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger.

33
Q

Superseding Cause

A

An intervening force or event that breaks the connection between a wrongful act and an injury to another.

  • Relieves the defendant of liability
34
Q

Contributory Negligence

A

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
35
Q

Comparative Negligence

A

Compare the negligence of the parties; lets plaintiff recover a percentage of their damages based on how much they’re at fault.

LAW 2150 Ex2 (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions