Chapter 6,7,10 Flashcards
Assault
any intentional and unexcused threat or immediate harmful words or acts (no physical contact is needed)
Battery
The completion of the assault. Unexcused and harmful or offensive physical contact
Defamation
wrongfully hurting a person’s good reputation by making false statements of fact
Defenses of Defamation
truth is an absolute defense and absence of malice
Trespass
a person without permission enters another’s land or remain’s on land after asked to leave
Defense of trespassing
necessary to assist someone in danger or the trespasser is a licensee(utility service person)
Fraudulent misrepresentation
intentional deceit, usually for personal gain
- misrepresentation of material fact
-intent to induce another to rely on misrepresentation
Defense for fraudulent misrepresentation
the defendant may not have meant for the plaintif to fall for the misrepresentation
Negligence
failure to live up to a required duty of care that a reasonable person would exercise in similar circumastances
Defense for Negligence
assumption of risk: the plaintiff accepted the risk of understanding its implications
Negligence Per se
the defendant breaches a safety statute and an individual who the statute was meant to protect is injured
ex: lack of smoke detector
Contributory Negligence
if the plaintiff causes their own injury they are barred from recovery
Comparative Negligence
computes liability of plaintiff and defendant and apportion damages
Products Liability based on Negligence
Manufactures failure to exercise reasonable standard of care in the design, materials, inspection and adequate warnings
Products Liability based on fraudulent misrepresentation
occurs when a fraud is committed against a consumer. Fraud must of been made knowingly or with reckless disregard for safety
Products Liability based on strict liability
- product must of been defective when sold
- product was unreasonably dangerous
(still strictly liable even if tried everything to make product safe)
Who can recover in products liability lawuits
Virtually all courts extend strict liability to injured purchasers, users and bystanders.
Defense to product liability
- preemption
- assumption of risk
- product misuse
- comparative negligence
- commonly known dangers
- knowledgeable user
- statutes of limitations
- statutes of repose
property crimes
the goal is economic gain or property damage
1. burglary
2. larceny
3. obtaining of false pretenses
4. receiving stolen goods
5. arson
6. forgery
burglary
Unlawful entry into a building with the intent to
commit a felony. Aggravated burglary occurs when a deadly
weapon is used
white collar crimes
- embezzlement
- bribery
- bankruptcy fraud
- insider trading
- theft of trade secrets
Organized Crime
- money laundering
- racketeering
phishing
Online fraud in which criminals pretend to be legitimate
companies by using e-mails that trick individuals into providing personal information
vishing
Similar to phishing, but the e-mail requests that the
recipient call a certain phone number to provide information.
larceny
Wrongfully taking and carrying away another person’s
personal property with the intent to permanently deprive the owner of the property.
arson
Willfully and maliciously burning a building owned by
another, or one’s own personal property, to collect insurance
benefits.
Defense to criminal liability
- self defense
- necessity
- insanity
- mistake (ex: taking a backpack u thought was yours)
- duress
duress
wrongful threat induces someone to commit a crime they wouldn’t do
