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College Law > Chapter 6 > Flashcards

Chapter 6 Flashcards

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1
Q

what is chapter 6 about

A

torts

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2
Q

what is tort french for

A

wrong

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3
Q

what two notions serve as the basis of all torts

A

wrongs and compensations

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4
Q

what is tort law designed for

A

to compensate those who have suffered a loss or injury due to another person wrongful act

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5
Q

what is a tort action

A

one person or group brings a lawsuit against another person or group to obtain compensation

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6
Q

what is the purpose of tort law

A

to provide remedies for the violation of various protected interests

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7
Q

what does tort law provide remedies for

A

acts that cause physical injury or that interfere with physical security and freedom of movement

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8
Q

Compensatory damages

A

to compensate or reimburse the plaintiff for actual losses

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9
Q

special damages

A

quantifiable monetary losses; medical expenses, lost wages and benefits

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10
Q

general damages

A

non monetary aspects of the harm suffered, such as pain and suffering, loss of companionship

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11
Q

punitive damages

A

punish the wrong doer and deter others from similar wrongdoings; only when conduct was particularly egregious

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12
Q

when are punitive damages available

A

intentional tort and only rarely in negligence lawsuits

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13
Q

gross negligence

A

an intentional failure to perform a mindset duty in reckless disregard of the consequences of such a failure for the life or property of another

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14
Q

types of tort reforms

A

limiting the amount of both punitive and general damages that can be awarded/
capping the amount that attorneys can collect in contingency fees/
requiring the losing party to pay both the plaintiff’s and the defendants expenses `

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15
Q

what is a class action

A

large number of plaintiffs bring the suit as a group

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16
Q

state tort reform price range

A

250,000-750,000

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17
Q

two classifications of tort

A

intentional, unintentional; depends how it occurs

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18
Q

common defense for intentional torts

A

consent

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19
Q

what is a tortfeasor

A

the one committing the tort

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20
Q

transferred intent

A

when you intentionally try and harm one person but unintentionally harm a second one

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21
Q

what is battery

A

an unexcused and harmful or offensive physical contact intentionally performed

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22
Q

false imprisonment

A

intentional confinement or restraint of another person’s activities without justification; moral pressure does not constitute false imprisonment

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23
Q

actionable

A

capable of serving as the ground for a lawsuit; must be extreme and outrageous to the point that it exceeds the bounds of decency accepted by society; annoying doesn’t count

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24
Q

defamation of character

A

wrongfully hurting a persons good reputation

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25
Q

tort of libel

A

refrain from making false, defamatory statements of fact about others; if done in writing or permanent form then it is this

26
Q

tort of slander

A

refrain from making false, defamatory statements of fact about others; if done orally

27
Q

how to establish defamation

A

defendant made a false statement of fact/
statement was understood as being about the plaintiff and tended to harm reputation/
statement was published to at least one person other than the plaintiff/
if public figure, she or her must prove actual malice

28
Q

what must defamation be in front of

A

third party

29
Q

damages for libel

A

general damages

30
Q

damages for slander

A

special damages

31
Q

slander per se

A

actionable with no proof of special damages required

32
Q

four types of declarations for slander per se

A

a particular type of disease, committed improprieties while engaging in a profession or trade, imprisoned for serious crime, sexual misconduct/cheating

33
Q

defenses to defamation

A

statement proven true

34
Q

privilege

A

immunity

35
Q

two types of privileged communication

A

absolute and qualified

36
Q

absolute privilege

A

only in judicial proceedings and certain government proceedings

37
Q

qualified, conditional, privilege

A

not be held liable if having this

38
Q

actual malice

A

statement must be made with either knowledge of its falsity or a reckless disregard of the truth

39
Q

false light

A

publication of information that places a person in a false light; invasion of privacy

40
Q

fraudulent misrepresentation

A

involves intentional deceit for personal gain

41
Q

fraudulent misrepresentation

A

a misrepresentation of material facts or conditions with knowledge that they are false or with reckless disregard for the truth/
intent to induce another party to rely on the misrepresentation /
a justifiable reliance on the misrepresentation by the deceived party/
damages suffered as a result of that alliance/
a casual connection between the misrepresentation
and the injury suffered

42
Q

puffery

A

sellers talk

43
Q

malicious prosecution

A

a party sues without legitimate legal reason

44
Q

abuse of process

A

apply to any person using a legal process against another in an improper manner or to accomplish a purpose fir which the process was not designed

45
Q

bus. tort categories

A

interference with a contractual relationship, interference with a business relationship

46
Q

interference with a contractual relationship

A

three elements needed; a valid contract, third party knows it exists, third party must intentionally induce a party to breach the contract

47
Q

interference with a business relationship

A

prohibited from unreasonably interfering with another’s business in their attempts to gain a greater share of the market

48
Q

what are intentional torts against property

A

trespass to land, trespass to personal property, conversion, disparagement of property

49
Q

other names for trespass to property

A

trespass to chattels, personalty

50
Q

conversion

A

intentional tort consisting of “taking with the intent of exercising over the chattel an ownership inconsistent with the real owner’s right of possession

51
Q

trade libel

A

slander of quality

52
Q

negligence action

A

duty, breach, causation, damages

53
Q

duty of care

A

free to act as they please as long as their actions do not infringe on the interests of others

54
Q

malpractice

A

professional negligence

55
Q

whether or not there was causation

A

causation of fact, was the act the proximate, or legal, cause of the injury

56
Q

causation of fact

A

“but for”

57
Q

proximate cause

A

when the connection between an act and an injury is strong enough to justify imposing liability

58
Q

negligence per se

A

violates something and ends up hurting someone else

59
Q

dram shop acts

A

bars owner or bartender may be held liable to injuries causes by a person who became intoxicated while drinking at the bar

60
Q

superceding cause

A

relieves the defendant of liability for injuries causes by the intervening event

61
Q

contributory negligence

A

plaintiff who was also negligent could not recover anything from the defendant; no matter how significant

62
Q

comparative negligence

A

both the plaintiff and defendant negligence are computed, and the liability for damages is distributed accordingly

College Law (10 decks)

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