Chapter 6 & 7, Tort Law & Strict Liability Flashcards
Special Damages examples
lost wages
Benefits
medical expenses
Difference between intentional torts and unintentional torts
intentional - result from intentional violation of person or property (fault + Intent)
Unintentional - Results from Negligence (fault without intent)
Statute of limitations spans from
the point at which the injury was known about to the date of the lawsuit
Statute of Repose is
The number of years from the date of first sale to the date of injury
Assault is what kind of tort and what is the definition
Intentional (no consent)
Attempting to create a reasonable APPREHENSION of imminent harm
Battery is what kind of tort
Intentional
The intent to create a harmful or offensive touching of another
False imprisonment
the intentional confinement or restraint of another person’s activities without justification
Intentional infliction of emotional distress has to cause a _____ _____ of distress in the victim
Physical manifestation
-Hair loss, vomiting
Defamation requires 4 elements to be present
- False statement
- Made to 3rd party (published)
- Injuries to reputation
- Special damages (except in libel cases)
Type of Damages for libel
General Damages - nonspecific harms
Type of Damages for slander
Special Damages - must show actual economic or monetary losses resulting from slanderous statements
for slander of public officials “Actual Malice” refers to
- Knowingly making false statements
OR
- Reckless Disregard for the truth
4 types of Invasion of Privacy
- Publication of private facts
- Intrusion into private affairs
- False light
- Right of publicity
False light is not recognized in Colorado, and an example is
Posting checks of unpaid customers at the front desk for other people to see
Publication of private facts is
the public disclosure of facts that an ordinary person would find objectionable or embarrassing
Right of publicity
using characteristics of a persons identity for commercial purposes without permission
The right to keep persona private defines which element of invasion of privacy
Right to publicity
- news exemption
- face in the crowd
- name, voice, likeness, etc
Sound-alike Cases
The deliberate imitation of a person in order to sell a product without consent
Fraudulent Misrepresentation has 5 elements
- Knowing misrepresentation of a material fact
- Intent to induce reliance
- Justifiable reliance
- Damages
- Causal connection between the misrepresentation and the injury suffered.
3 elements needed for wrongful interference with a contractual relationship
- a valid, enforceable contract between 2 parties
- a 3rd party aware of that contract
- this 3rd party must INTENTIONALLY INDUCE a party to the contract to breach the contract
Terminable at will contracts need to prove
wrongful means
- violence, fraud, civil suit
Defense of competitive privilage
Is “bonafide competitive behavior” is permissable
Trespass to Land occurs when an unauthorized person does any of these 3
- Enters onto, above, or below the surface of land that is owned by another
- Causes anything to enter onto land owned by another
- Remains on land owned by another or permits anything to remain on it
Trespass to personal property is
The unlawful taking or harming of another’s personal property; interference with another’s right to the exclusive possession of his or her personal property.
Difference between property and personal property
property - land, permanently attached to ground
personal property - posessions
_____ is a civil variation of theft, and can be remedied by ____ or ____.
Conversion
Money Damages or Replevin (return of property)
Slander of Quality and Slander of Title are examples of
Disparagement of property - (Competitive advertising)
Slander of quality is
publication of false information about another’s product
Slander of Title is
Publishing a cast of doubt about another legal ownership of property
Negligence is defined as
The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances
Negligence requires the plaintiff to prove EACH of the following 4
- Duty - to act reasonably (reasonable person standard)
- Breach-acting unreasonably
- Causation - Breach caused injury
- Damages - injury suffered
Proximate Causation exists when
The connection between an act and an injury is strong enough to justify imposing liability
There is no proximate cause if the occurrence in question is
unforseeable
The standard against which negligence is measured and that must be observed to avoid liability for negligence
reasonable person standard
3 factors for determining if duty of care was breached
- Nature of Act
- Manner in which act was performed
- Nature of injury
When duty is prescribed by statute, a breach of that duty is called
Negligence per se
-speeding
Res ipsa loquitur - (the facts speak for themselves) shifts burden of proof from ____ to ____
from plaintiff to defendant
-overpass sign kills after warning
A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger
Assumption of risk
When a complaining party’s own negligence contributed to or caused his or her injuries, no compensation if you’re at all to blame.
Contributory negligence - plaintiff gets nothing if at fault
when the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party) on the basis of each person’s proportionate negligence.
Comparative Negligence - (CO)
If you are 50% or more you get nothing (Which type of negligence?)
Comparative -CO
If you are less than 50% to blame, collect damages-% at fault (Which type of negligence?)
Comparative - CO
Pure competitive negligence is when
there is no cutoff for damages received, 80% at fault receive 20% damages
Strict liability for abnormally dangerous activities does not require ____ of ____
Breach of Duty
The Restatement (Third) of Torts defines 3 types of product defects:
How is liability for each defect decided in court
Manufacturing-Expert Testimony
Design- risk utility analysis
Warning - Reasonableness Test
4 Defenses for product liability: A, M, N, C
-Assumption of risk-
Known risk was voluntarily assumed despite being unreasonable
- Misuse - only when not foreseeable
- Negligence of plaintiff - no 50% cutoff in liability
- Commonly known dangers-
