Chapter 6 Flashcards
Tort
A civil wrong not from a breach of contract
Tort Law
Compensation for people who suffered due to someone else
Plaintiffs seek remedies in…
Tort actions
Damages
Monetary compensation
Compensatory Damages
Compensates injured party for actual losses
Special damages
Actual out of pocket (money) compensation
General Damages
Compensation for value of pain, suffering and emotional damage
Punitive Damages
Punishes wrongdoer for outrageous and shameful conduct
Gross Negligence
Intentional failure due to recklessness without care for the consequences
What are the 2 classifications of torts?
Intentional and unintentional
Intentional torts
Violations committed on purpose (fault plus intent)
Unintentional torts
Negligence from failure to act reasonably (fault without intent)
Transferred Intent
Intentionally hurting someone, but someone else gets hurt unintentionally
Assault
Any word or action w/ the intent of instilling fear and/or threatening their safety
Battery
Non consensual touching of another person
False Imprisonment
Confining/restraining someone w/o justification
Intentional Infliction of Emotional Distress
When someone purposely acts outrageously to the point of causing severe distress to another
Defamation
Misinformation meant to tarnish someone else’s reputation
Libel
Written defamation
Slander
Oral deformation
Statement of Fact Requirement: A statement isn’t deformation unless…
The statement is false + represents a fact
Publication (in terms of defamation)
Defamatory statements are spread to everyone except the defamed person(s)
It’s like rumors
It’s deformation unless…
It’s the truth
Invasion of Privacy
Intruding someone else’s space of solitude and freedom
Does everyone have the right to privacy?
Yes! Even the US Constitution said so!
Fraudulent Misrepresentation
Spreading misinfo w/ the intent of deceiving others
Puffery
Exaggerated sales talk that’s opinionated and not legally binded
Can you sue puffery?
No
When does Statement of Fact vs Opinion occur?
When there is reliance on statement of fact
When can reliance on statement of opinion involve the statement of fact vs opinion tort?
If the person making the statement of opinion is more knowledgeable of the subject matter
When does Negligent Misrepresentation arise?
When the person making the representation DIDNT have a reasonable basis to believe it
Abusive or Frivolous Litigation
Suing someone for harassment
Is suing someone for harassment misusing litigation?
Yes. People can’t be sued without a legal reason
Malicious prosecution
Imitating a lawsuit out of malice
Abuse of process
Using a legal process against another for a different purpose
When a 3rd party intentionally leads a party to breaching a valid contract, it is a…
Wrongful interference w/ a contractural relationship
Interference w/ another business to get a better gain on the market is a…
Wrongful interference w/ a business relationship
Torts against privacy
Actions that interfere w/ an individual’s property
Trespass to land
Entering someone’s land w/o permission
Liability to harm
The trespasser is liable for damage caused to another’s property
Attractive Nuisance Doctrine: The landowner can be held liable if…
A child trespasses their land and gets injured
Trespass to personal property
Interfering w/ another’s right to possession of their personal property
Conversion
Wrongfully taking or using someone else’s property, thinking that they’re entitled to it
Does failure to return goods even with intent count as Conversion?
Yes
Slander of Title
Publishing a statement that doubts someone’s ownership of their property
Negligence
When someone gets badly injured due to someone else’s failure to owe a duty of care
What is the most common type of tort?
Negligence
Duty of Care
The duty of everyone to act carefully so nobody gets hurt
Business invitees
Customers or clients invited onto business premises for business purposes
Malpractice
The negligence/failure to exercise the degree of care as a professional
Are landowners and business owners responsible to warn people of ALL risks?
No. They must warn people of foreseeable risks, but not obvious ones
What does causation in fact ask?
Would the person still be injured if not for xyz?
Proximate cause exists when…
Thete is a strong enough connection between the act and the injury to justify imposing liability
Is it a proximate cause if the act was unforeseeable?
No
Are compensatory damages the norm in negligence cases?
Yes
When can punitive damages be awarded in negligence cases?
If the defendant’s conduct was grossly negligent
Good Samaritan Statute
A statute saying that people who rescues or provide medical services to people in peril can’t be sued for negligence.
Mainly protects medical professionals
Dram Shop Act
A statute that imposes liability on owners of bars and taverns for injuries by their intoxicated customers
What is a common defense against negligence claims?
The plaintiff failed to prove the existence of 1+ elements for negligence
The 3 affirmative defenses in negligence cases are:
- Assumption of risk
- Superseding cause
- Contributory and comparative negligence
Assumption of risk
A defense that’s used when the plaintiff was aware of a danger and it’s risks, and voluntarily takes that risk
Superseding cause
The force or event that breaks the connection between a wrongful act and the plaintiff’s injury
Contributory negligence
A theory that the plaintiff’s own negligence contributed to/is the result of their injuries
Comparative Negligence
A theory that the liability for injuries resulting from negligence is shared by everyone involved based on how negligent each person was.
Does comparative negligence include the injured party/plaintiff?
Yes
50% rule
If a plaintiff is more than 50% at fault, they will recover nothing
