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Chapter Five Flashcards

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1
Q

Tort

A

A civil wrong not arising from a breach of contract; a breach of a legal duty that proximately cause harm or injury to another.

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2
Q

Business Tort

A

Wrongful interference with another’s business rights.

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3
Q

Cyber Tort

A

A tort committed in cyberspace.

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4
Q

Damages

A

Money sought as a remedy for a breach of contract or a tortious action.

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5
Q

Compensatory Damages

A

A monetary award equivalent to the actual value of injuries or damages sustained by the aggrieved party.

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6
Q

Punitive damages

A

monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.

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7
Q

Intentional tort

A

A wrongful act knowingly committed

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8
Q

Tortfeasor

A

one who commits a tort

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9
Q

Assault

A

any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat.

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10
Q

Battery

A

The unexcused, harmful or offensive, intentional touching of another.

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11
Q

Actionable

A

Capable of serving as the basis of a lawsuit. An actionable claim can be pursued in a lawsuit or other court action.

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12
Q

Defamation

A

Anything published or publicly spoken that causes injury to another’s good name, reputation, or character.

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13
Q

Libel

A

Defamation in writing or other form having the quality of permanence (such as a digital recording.)

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14
Q

Slander

A

Defamation in oral form.

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15
Q

Privilege

A

A legal right, exemption, or immunity granted to a person or a class of persons. In the context of defamation, an absolute privilege immunizes the person making the statements from a lawsuit, regardless fo whether the statements were malicious.

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16
Q

Actual malice

A

The deliberate intent to cause harm, which exists when a person makes a statement either knowing that it is false or showing a reckless disregard for whether it is true. In a defamation suit, a statement made about a public figure normally must be made with actual malice for the plaintiff to recover damages.

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17
Q

Appropriation

A

In tort law, the use by one person of another person’s name, likeness, or other identifying characteristic without permission and for the benefit of the user.

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18
Q

Fraudulent Misrepresentation

A

Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.

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19
Q

Puffery

A

A salesperson’s often exaggerated claims concerning the quality of the property offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties.

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20
Q

Trespass to Land

A

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

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21
Q

Trespass to personal property

A

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.

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22
Q

Conversion

A

Wrongfully taking or retaining possesion of an individual’s personal property and placing it in the service of another.

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23
Q

Disparagement of Property

A

An economically injurious falsehood made about another’s product or property; a general term for torts that are more specifically referred to as slander of quality or slander of title.

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24
Q

Slander of Quality (Trade Libel)

A

The publication of false information about another’s product, alleging that it is not what its seller claims.

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25
Q

Slander of title

A

The publication of a statement that denies or casts doubt on another’s legal ownership of any property, causing financial loss to that property’s owner.

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26
Q

Negligence

A

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.

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27
Q

Duty of Care

A

The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence.

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28
Q

Reasonable Person Standard

A

The standard of behavior expected of hypothetical “reasonable person”; the standard against which negligence is measured and that must be observed to avoid liability for negligence.

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29
Q

Business Invitee

A

A person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes.

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30
Q

Malpractice

A

Professional misconduct or the lack of the requisite degree of skill as professional. Negligence-the failure to exercise due care-on the part of a professional, such as a physician, is commonly referred to as malpractice.

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31
Q

Causation in Fact

A

An act or omission without which an event would not have occurred.

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32
Q

Proximate Cause

A

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

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33
Q

Assumption of Risk

A

A doctrine under which plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed.

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34
Q

Contributory Negligence

A

A rule in tort law that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff’s own fault; used in a minority of states.

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35
Q

Comparative Negligence

A

A rule in tort law that reduces the plaintiff’s recovery in proportion to the plaintiff’s recovery in proportion to the plaintiff’s degree of fault, rather than barring recovery completely; used in the majority of states.

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36
Q

Negligence Per Se

A

An action or failure to act in violation of a statutory requirement

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37
Q

Res Ipsa Loquitur

A

A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. literally, the term means “the facts speak for themselves.”

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38
Q

Good Samaritan Statute

A

A state statute stipulating that persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence, unless they act recklessly, thereby causing further harm.

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39
Q

Dram Shop Act

A

A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcohol drinks contributed to the intoxication.

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40
Q

Strict liability

A

Liability regardless of fault. In tort law, strict liability is imposed on those engaged in abnormally dangerous activities, no persons who keep dangerous animals, and on manufacturers or sellers that introduce into commerce goods that are unreasonably dangerous when in a defective condition.

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41
Q

Tort Laws involves

A

generally, the purpose of tort law is to provide remedies for the invasion of various protected interests

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41
Q

Tort Laws involves

A

generally, the purpose of tort law is to provide remedies for the invasion of various protected interests

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41
Q

Tort Laws involves

A

generally, the purpose of tort law is to provide remedies for the invasion of various protected interests

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42
Q

Tort law: protected interests

A

Protected interests: personal safety, privacy, freedom of movement, real and personal property, reputation, dignity, and family relations

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42
Q

Tort law: protected interests

A

Protected interests: personal safety, privacy, freedom of movement, real and personal property, reputation, dignity, and family relations

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42
Q

Tort law: protected interests

A

Protected interests: personal safety, privacy, freedom of movement, real and personal property, reputation, dignity, and family relations

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43
Q

Tort law involves list

A
  • legal duty
  • breach-
  • injury
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43
Q

Tort law involves list

A
  • legal duty
  • breach-
  • injury
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43
Q

Tort law involves list

A
  • legal duty
  • breach-
  • injury
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44
Q

tort law involves: legal duty

A

A legal duty owed to plaintiff by the defendant

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44
Q

tort law involves: legal duty

A

A legal duty owed to plaintiff by the defendant

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44
Q

tort law involves: legal duty

A

A legal duty owed to plaintiff by the defendant

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45
Q

tort law involves: breach

A

breach of that duty

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45
Q

tort law involves: breach

A

breach of that duty

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45
Q

tort law involves: breach

A

breach of that duty

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46
Q

tort law involves: injury

A

injury to plaintiff resulting from defendant’s breach.

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46
Q

tort law involves: injury

A

injury to plaintiff resulting from defendant’s breach.

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46
Q

tort law involves: injury

A

injury to plaintiff resulting from defendant’s breach.

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47
Q

three types of torts

A
  • intentional torts
  • negligence
  • strict liability
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47
Q

three types of torts

A
  • intentional torts
  • negligence
  • strict liability
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47
Q

three types of torts

A
  • intentional torts
  • negligence
  • strict liability
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48
Q

intentional torts: battery

A

battery is touching of another person in a way that is unwanted or offensive

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48
Q

intentional torts: battery

A

battery is touching of another person in a way that is unwanted or offensive

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48
Q

intentional torts: battery

A

battery is touching of another person in a way that is unwanted or offensive

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49
Q

breach of duty of care

A

the basic principle underlying the duty of care is that people are free to act as they please so long as their actions do not infringe on the interests of others”

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49
Q

breach of duty of care

A

the basic principle underlying the duty of care is that people are free to act as they please so long as their actions do not infringe on the interests of others”

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49
Q

breach of duty of care

A

the basic principle underlying the duty of care is that people are free to act as they please so long as their actions do not infringe on the interests of others”

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50
Q

breach of the duty of care defendant

A

a defendant breaches her/his duty of due care by failing to behave the way a reasonable person would under similar circumstances.

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50
Q

breach of the duty of care defendant

A

a defendant breaches her/his duty of due care by failing to behave the way a reasonable person would under similar circumstances.

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50
Q

breach of the duty of care defendant

A

a defendant breaches her/his duty of due care by failing to behave the way a reasonable person would under similar circumstances.

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51
Q

Intentional torts

A

for an “intentional tort” a person “must intend to commit an act, the consequences of which interfere with the personal or business interests of another in a way not permitted by law.”

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51
Q

Intentional torts

A

for an “intentional tort” a person “must intend to commit an act, the consequences of which interfere with the personal or business interests of another in a way not permitted by law.”

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51
Q

Intentional torts

A

for an “intentional tort” a person “must intend to commit an act, the consequences of which interfere with the personal or business interests of another in a way not permitted by law.”

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52
Q

intentional torts in tort law

A

in tort law, intent means only that the actor intended the consequences of his or her act or knew with substantial certainty that specific consequences would result from the act.

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52
Q

intentional torts in tort law

A

in tort law, intent means only that the actor intended the consequences of his or her act or knew with substantial certainty that specific consequences would result from the act.

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52
Q

intentional torts in tort law

A

in tort law, intent means only that the actor intended the consequences of his or her act or knew with substantial certainty that specific consequences would result from the act.

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53
Q

types of compensatory damages

A
  • compensatory damages
  • special damages
  • general damages
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53
Q

types of compensatory damages

A
  • compensatory damages
  • special damages
  • general damages
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53
Q

types of compensatory damages

A
  • compensatory damages
  • special damages
  • general damages
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54
Q

compensatory damages

A

are designated to “compensate or reimburse a plaintiff for actual losses- to make the plaintiff whole and put her or him in the same position that he or he would have been had the tort not occuried.

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54
Q

compensatory damages

A

are designated to “compensate or reimburse a plaintiff for actual losses- to make the plaintiff whole and put her or him in the same position that he or he would have been had the tort not occuried.

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54
Q

compensatory damages

A

are designated to “compensate or reimburse a plaintiff for actual losses- to make the plaintiff whole and put her or him in the same position that he or he would have been had the tort not occuried.

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55
Q

special damages

A

Compensate the plaintiff for “quantifiable monetary losses” (medical expenses, lost wages and fringe benefits from a job, the cost of replacing or repairing damaged property.)

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55
Q

special damages

A

Compensate the plaintiff for “quantifiable monetary losses” (medical expenses, lost wages and fringe benefits from a job, the cost of replacing or repairing damaged property.)

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55
Q

special damages

A

Compensate the plaintiff for “quantifiable monetary losses” (medical expenses, lost wages and fringe benefits from a job, the cost of replacing or repairing damaged property.)

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56
Q

general damages

A

compensate the plaintiff “for the nonmonetary aspects of harm suffered, such as pain and suffering.

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56
Q

general damages

A

compensate the plaintiff “for the nonmonetary aspects of harm suffered, such as pain and suffering.

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56
Q

general damages

A

compensate the plaintiff “for the nonmonetary aspects of harm suffered, such as pain and suffering.

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57
Q

Intentional torts against property list

A
  • trespass to land
  • trespass to personal property
  • conversion
  • disparagement of property
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57
Q

Intentional torts against property list

A
  • trespass to land
  • trespass to personal property
  • conversion
  • disparagement of property
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57
Q

Intentional torts against property list

A
  • trespass to land
  • trespass to personal property
  • conversion
  • disparagement of property
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58
Q

Trespass to land

A

any time a person without permisssion, enters on to above, or below surfact of land that is owned by another; causes anything to enter onto the land; or remains on the land or permits anything to remain on it.

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58
Q

Trespass to land

A

any time a person without permisssion, enters on to above, or below surfact of land that is owned by another; causes anything to enter onto the land; or remains on the land or permits anything to remain on it.

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58
Q

Trespass to land

A

any time a person without permisssion, enters on to above, or below surfact of land that is owned by another; causes anything to enter onto the land; or remains on the land or permits anything to remain on it.

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59
Q

trespass to personal property

A

intentional meddling

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59
Q

trespass to personal property

A

intentional meddling

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59
Q

trespass to personal property

A

intentional meddling

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60
Q

conversion

A

the civil side of crimes related to theft

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60
Q

conversion

A

the civil side of crimes related to theft

60
Q

conversion

A

the civil side of crimes related to theft

61
Q

Defenses to negligence list

A
  • Contributory negligence

- comparative negligence

61
Q

Defenses to negligence list

A
  • Contributory negligence

- comparative negligence

61
Q

Defenses to negligence list

A
  • Contributory negligence

- comparative negligence

62
Q

contributory negligence

A

in a few states, if the plaintiff s at all negligent he/ she cannot recover damages from the defendant

62
Q

contributory negligence

A

in a few states, if the plaintiff s at all negligent he/ she cannot recover damages from the defendant

62
Q

contributory negligence

A

in a few states, if the plaintiff s at all negligent he/ she cannot recover damages from the defendant

63
Q

comparative negligence

A
  • in most states, if the plaintiff is negligent, a percentage of negligence is applied ot both the defendant and the plaintiff
  • the plaintiff can recover from the defendant to the percentage that the defendant is negligent.
  • in some states, plaintiff found to be more than 50% negligent cannot recover at all (called modified comparative negligence)- the 50% rule.
63
Q

comparative negligence

A
  • in most states, if the plaintiff is negligent, a percentage of negligence is applied ot both the defendant and the plaintiff
  • the plaintiff can recover from the defendant to the percentage that the defendant is negligent.
  • in some states, plaintiff found to be more than 50% negligent cannot recover at all (called modified comparative negligence)- the 50% rule.
63
Q

comparative negligence

A
  • in most states, if the plaintiff is negligent, a percentage of negligence is applied ot both the defendant and the plaintiff
  • the plaintiff can recover from the defendant to the percentage that the defendant is negligent.
  • in some states, plaintiff found to be more than 50% negligent cannot recover at all (called modified comparative negligence)- the 50% rule.
64
Q

Defenses to defamation

A
  • truth is a compete defense in some states
  • absolute privilege
  • qualified (or conditional) privilege eliminates liability if the false statement was published in good faith
64
Q

Defenses to defamation

A
  • truth is a compete defense in some states
  • absolute privilege
  • qualified (or conditional) privilege eliminates liability if the false statement was published in good faith
64
Q

Defenses to defamation

A
  • truth is a compete defense in some states
  • absolute privilege
  • qualified (or conditional) privilege eliminates liability if the false statement was published in good faith
65
Q

Absolute privilege

A
  • legislators in committee sessions

- participants in judicial proceedings

65
Q

Absolute privilege

A
  • legislators in committee sessions

- participants in judicial proceedings

65
Q

Absolute privilege

A
  • legislators in committee sessions

- participants in judicial proceedings

66
Q

qualified (or conditional) privilege eliminates liability if the false statement was published in good faith

A
  • if there is no malice

- in order to protect a person’s legitimate intersets.

66
Q

qualified (or conditional) privilege eliminates liability if the false statement was published in good faith

A
  • if there is no malice

- in order to protect a person’s legitimate intersets.

66
Q

qualified (or conditional) privilege eliminates liability if the false statement was published in good faith

A
  • if there is no malice

- in order to protect a person’s legitimate intersets.

67
Q

Defenses to defamation public

A

public figures include public officials (police and politicians) and movie stars and other celebrities.

67
Q

Defenses to defamation public

A

public figures include public officials (police and politicians) and movie stars and other celebrities.

67
Q

Defenses to defamation public

A

public figures include public officials (police and politicians) and movie stars and other celebrities.

68
Q

Defenses to defamation harder

A

public figures have a harder time winning a defamation case because they have to prove that the defendant acted with actual malice. Knew the statement was false or acted with reckless disregard of the truth.

68
Q

Defenses to defamation harder

A

public figures have a harder time winning a defamation case because they have to prove that the defendant acted with actual malice. Knew the statement was false or acted with reckless disregard of the truth.

68
Q

Defenses to defamation harder

A

public figures have a harder time winning a defamation case because they have to prove that the defendant acted with actual malice. Knew the statement was false or acted with reckless disregard of the truth.

69
Q

Negligence: plaintiff must prove by preponderance of evidence

A
  • legal duty of care owned; duty not to create an unreasonable risk of harm to others
  • breach of duty (the reasonable person standard)
  • actual injury to plaintiff
  • breach caused injury.
69
Q

Negligence: plaintiff must prove by preponderance of evidence

A
  • legal duty of care owned; duty not to create an unreasonable risk of harm to others
  • breach of duty (the reasonable person standard)
  • actual injury to plaintiff
  • breach caused injury.
69
Q

Negligence: plaintiff must prove by preponderance of evidence

A
  • legal duty of care owned; duty not to create an unreasonable risk of harm to others
  • breach of duty (the reasonable person standard)
  • actual injury to plaintiff
  • breach caused injury.
70
Q

intentional torts- assault

A

assault is an action that causes the victim to fear an imminent batter- a reasonable apprehension of harmful contract.

70
Q

intentional torts- assault

A

assault is an action that causes the victim to fear an imminent batter- a reasonable apprehension of harmful contract.

70
Q

intentional torts- assault

A

assault is an action that causes the victim to fear an imminent batter- a reasonable apprehension of harmful contract.

71
Q

defenses to assault and battery

A
  • consent (eg boxing, hockey, wrestling)
  • self-defense
  • defense of others/property
71
Q

defenses to assault and battery

A
  • consent (eg boxing, hockey, wrestling)
  • self-defense
  • defense of others/property
71
Q

defenses to assault and battery

A
  • consent (eg boxing, hockey, wrestling)
  • self-defense
  • defense of others/property
72
Q

Causation in fact/ but for test

A

if the defedent’s breach ultimately led to the injury, the defendant is liable

72
Q

Causation in fact/ but for test

A

if the defedent’s breach ultimately led to the injury, the defendant is liable

72
Q

Causation in fact/ but for test

A

if the defedent’s breach ultimately led to the injury, the defendant is liable

73
Q

foreseeable harm/ proximate cause

A

to be liable, the harm must have been foreseeable.

73
Q

foreseeable harm/ proximate cause

A

to be liable, the harm must have been foreseeable.

73
Q

foreseeable harm/ proximate cause

A

to be liable, the harm must have been foreseeable.

74
Q

strict liability

A

some activities are so dangerous that the law imposes a high burden on them. This is called strict liability.
-abnormally dangerous activity

74
Q

strict liability

A

some activities are so dangerous that the law imposes a high burden on them. This is called strict liability.
-abnormally dangerous activity

74
Q

strict liability

A

some activities are so dangerous that the law imposes a high burden on them. This is called strict liability.
-abnormally dangerous activity

75
Q

abnormally dangerous activity

A

Defendants are virtually always held liable for harm.

-plaintiff does not have to prove breach of duty or foreseeable harm.

75
Q

abnormally dangerous activity

A

Defendants are virtually always held liable for harm.

-plaintiff does not have to prove breach of duty or foreseeable harm.

75
Q

abnormally dangerous activity

A

Defendants are virtually always held liable for harm.

-plaintiff does not have to prove breach of duty or foreseeable harm.

76
Q

Intentional torts- False imprisionment

A

the intentional confinement or restraint of another person’s activities without justification.

76
Q

Intentional torts- False imprisionment

A

the intentional confinement or restraint of another person’s activities without justification.

76
Q

Intentional torts- False imprisionment

A

the intentional confinement or restraint of another person’s activities without justification.

77
Q

False imprisonment in general

A

in general, a store may detain a person suspected of shoplifting if there is a reasonable basis for the charge and the detention is done reasonably (in private and for a reasonable time).

77
Q

False imprisonment in general

A

in general, a store may detain a person suspected of shoplifting if there is a reasonable basis for the charge and the detention is done reasonably (in private and for a reasonable time).

77
Q

False imprisonment in general

A

in general, a store may detain a person suspected of shoplifting if there is a reasonable basis for the charge and the detention is done reasonably (in private and for a reasonable time).

78
Q

Intentional torts-privacy and publicity

A
  • intrusion
  • disclosure of embarrassing private facts
  • false light
  • appropriation or commercial exploitation
78
Q

Intentional torts-privacy and publicity

A
  • intrusion
  • disclosure of embarrassing private facts
  • false light
  • appropriation or commercial exploitation
78
Q

Intentional torts-privacy and publicity

A
  • intrusion
  • disclosure of embarrassing private facts
  • false light
  • appropriation or commercial exploitation
79
Q

Intrusion

A

(prying into someone’s private life) is a tort if a reasonable person would find it offensive

79
Q

Intrusion

A

(prying into someone’s private life) is a tort if a reasonable person would find it offensive

79
Q

Intrusion

A

(prying into someone’s private life) is a tort if a reasonable person would find it offensive

80
Q

disclosure of p=embarrassing private facts

A

is when something extermely embarrassing is made public with no need for the public to know.

80
Q

disclosure of p=embarrassing private facts

A

is when something extermely embarrassing is made public with no need for the public to know.

80
Q

disclosure of p=embarrassing private facts

A

is when something extermely embarrassing is made public with no need for the public to know.

81
Q

False light

A

is when something false and offensive is told about someone

81
Q

False light

A

is when something false and offensive is told about someone

81
Q

False light

A

is when something false and offensive is told about someone

82
Q

appropriation or commercial exploitation

A

is when a person’s image or voice is used for commercial purposes without that person’s permission.

82
Q

appropriation or commercial exploitation

A

is when a person’s image or voice is used for commercial purposes without that person’s permission.

82
Q

appropriation or commercial exploitation

A

is when a person’s image or voice is used for commercial purposes without that person’s permission.

83
Q

punitive damages

A

while the purpose of compensatory damages is to help the victim recover that was lost, punitive damages are intended to punish the wrongdoer”

83
Q

punitive damages

A

while the purpose of compensatory damages is to help the victim recover that was lost, punitive damages are intended to punish the wrongdoer”

83
Q

punitive damages

A

while the purpose of compensatory damages is to help the victim recover that was lost, punitive damages are intended to punish the wrongdoer”

84
Q

punitive damages intended

A

intended for conduct that is outrageous and extreme

84
Q

punitive damages intended

A

intended for conduct that is outrageous and extreme

84
Q

punitive damages intended

A

intended for conduct that is outrageous and extreme

85
Q

punitive damages designed

A

designed to “make an example” out of the defendant

85
Q

punitive damages designed

A

designed to “make an example” out of the defendant

85
Q

punitive damages designed

A

designed to “make an example” out of the defendant

86
Q

punitive damages should

A

should deter other from doing same conduct and prevent this defendant from repeating actions.

86
Q

punitive damages should

A

should deter other from doing same conduct and prevent this defendant from repeating actions.

86
Q

punitive damages should

A

should deter other from doing same conduct and prevent this defendant from repeating actions.

87
Q

Punitive damages: excessive

A

“excessive” punitive damages in tort case may, however, violate the defendant’s due process rights.

87
Q

Punitive damages: excessive

A

“excessive” punitive damages in tort case may, however, violate the defendant’s due process rights.

87
Q

Punitive damages: excessive

A

“excessive” punitive damages in tort case may, however, violate the defendant’s due process rights.

88
Q

Excessive punitive damages case

A

Hamlin v Hampton lumber mills, inc [ratio between compensatory and punitive damages.]

88
Q

Excessive punitive damages case

A

Hamlin v Hampton lumber mills, inc [ratio between compensatory and punitive damages.]

88
Q

Excessive punitive damages case

A

Hamlin v Hampton lumber mills, inc [ratio between compensatory and punitive damages.]

89
Q

Intentional torts- intention infliction of emotional distress

A
  • extreme and outrageous conduct that causes serious emotional harm
  • jerry falwell example
89
Q

Intentional torts- intention infliction of emotional distress

A
  • extreme and outrageous conduct that causes serious emotional harm
  • jerry falwell example
89
Q

Intentional torts- intention infliction of emotional distress

A
  • extreme and outrageous conduct that causes serious emotional harm
  • jerry falwell example
90
Q

Intentional Torts- Abusive or frivolous litigation

A

the filing of a “meritless lawsuit” simply to harass the defendant

90
Q

Intentional Torts- Abusive or frivolous litigation

A

the filing of a “meritless lawsuit” simply to harass the defendant

90
Q

Intentional Torts- Abusive or frivolous litigation

A

the filing of a “meritless lawsuit” simply to harass the defendant

91
Q

Abusive or frivolous litigation this tort

A

This tort protects people form the “misuse of litigation” and the court process as lawsuits should be based on “legally just and proper” reasons.

91
Q

Abusive or frivolous litigation this tort

A

This tort protects people form the “misuse of litigation” and the court process as lawsuits should be based on “legally just and proper” reasons.

91
Q

Abusive or frivolous litigation this tort

A

This tort protects people form the “misuse of litigation” and the court process as lawsuits should be based on “legally just and proper” reasons.

92
Q

intentional torts- abusive or frivolous litigation. if a person files a lawsuit

A

if a person files a lawsuit “out of malice and without probable cause (a legitimate legal reason) and ends up losing the suit, that [person] can be sued for malicious prosecution.” also applies to misuse of subpoenas, court orders, complaint processes or other types of formal legal proceedings.

92
Q

intentional torts- abusive or frivolous litigation. if a person files a lawsuit

A

if a person files a lawsuit “out of malice and without probable cause (a legitimate legal reason) and ends up losing the suit, that [person] can be sued for malicious prosecution.” also applies to misuse of subpoenas, court orders, complaint processes or other types of formal legal proceedings.

92
Q

intentional torts- abusive or frivolous litigation. if a person files a lawsuit

A

if a person files a lawsuit “out of malice and without probable cause (a legitimate legal reason) and ends up losing the suit, that [person] can be sued for malicious prosecution.” also applies to misuse of subpoenas, court orders, complaint processes or other types of formal legal proceedings.

93
Q

Intentional torts- fraudulent misrepresentation

A

intentional deccit for personal gain” fraud exists only when person represent as a fact something he or she knows is untrue. Fact v opinion

93
Q

Intentional torts- fraudulent misrepresentation

A

intentional deccit for personal gain” fraud exists only when person represent as a fact something he or she knows is untrue. Fact v opinion

93
Q

Intentional torts- fraudulent misrepresentation

A

intentional deccit for personal gain” fraud exists only when person represent as a fact something he or she knows is untrue. Fact v opinion

94
Q

intentional torts- fraudulent misrepresentation: elements

A
  • misrepresentation of material facts or conditions with knowledge that they are false or with reckless disregard for the truth
  • an intent to induce another party to rely on the misrepresentation (scienter)
  • a justifiable reliance on the misrepresentation
  • damages
  • causal connection between the injury suffered an the misrepresented.
94
Q

intentional torts- fraudulent misrepresentation: elements

A
  • misrepresentation of material facts or conditions with knowledge that they are false or with reckless disregard for the truth
  • an intent to induce another party to rely on the misrepresentation (scienter)
  • a justifiable reliance on the misrepresentation
  • damages
  • causal connection between the injury suffered an the misrepresented.
94
Q

intentional torts- fraudulent misrepresentation: elements

A
  • misrepresentation of material facts or conditions with knowledge that they are false or with reckless disregard for the truth
  • an intent to induce another party to rely on the misrepresentation (scienter)
  • a justifiable reliance on the misrepresentation
  • damages
  • causal connection between the injury suffered an the misrepresented.
95
Q

The pasgraf case

A

here by concession there was nothing in the situation to suggest to the most cautious mind that the parcel wrapped in newspaper would spread wreckage through the station.

95
Q

The pasgraf case

A

here by concession there was nothing in the situation to suggest to the most cautious mind that the parcel wrapped in newspaper would spread wreckage through the station.

95
Q

The pasgraf case

A

here by concession there was nothing in the situation to suggest to the most cautious mind that the parcel wrapped in newspaper would spread wreckage through the station.

96
Q

Res Ipsa Loquitor

A

The thing speaks for itself

96
Q

Res Ipsa Loquitor

A

The thing speaks for itself

96
Q

Res Ipsa Loquitor

A

The thing speaks for itself

97
Q

Res Ipsa Loquitor generally

A

generally the plaintiff has the burden of proving negligence

97
Q

Res Ipsa Loquitor generally

A

generally the plaintiff has the burden of proving negligence

97
Q

Res Ipsa Loquitor generally

A

generally the plaintiff has the burden of proving negligence

98
Q

res ispa loquitor sometimes

A

sometimes, negligence is difficult or impossible to prove, and in certain situations the court can infer negligence.

98
Q

res ispa loquitor sometimes

A

sometimes, negligence is difficult or impossible to prove, and in certain situations the court can infer negligence.

98
Q

res ispa loquitor sometimes

A

sometimes, negligence is difficult or impossible to prove, and in certain situations the court can infer negligence.

99
Q

res ispa loquitor the event

A

the event must have been within the defendant’s power to control, and it must not have been dut to any voluntary action on the part of the plaintiff

99
Q

res ispa loquitor the event

A

the event must have been within the defendant’s power to control, and it must not have been dut to any voluntary action on the part of the plaintiff

99
Q

res ispa loquitor the event

A

the event must have been within the defendant’s power to control, and it must not have been dut to any voluntary action on the part of the plaintiff

100
Q

intentional torts- defamation list

A
  • defamation
  • slander
  • libel
100
Q

intentional torts- defamation list

A
  • defamation
  • slander
  • libel
100
Q

intentional torts- defamation list

A
  • defamation
  • slander
  • libel
101
Q

defamation

A

is wrongfully hurting a person’s good reputation; tort law requires that we refrain from making false, defamatory statements of fact about others

  • the publication requirements
  • on-line defamation
101
Q

defamation

A

is wrongfully hurting a person’s good reputation; tort law requires that we refrain from making false, defamatory statements of fact about others

  • the publication requirements
  • on-line defamation
101
Q

defamation

A

is wrongfully hurting a person’s good reputation; tort law requires that we refrain from making false, defamatory statements of fact about others

  • the publication requirements
  • on-line defamation
102
Q

slander

A

spoken defamatory statements

102
Q

slander

A

spoken defamatory statements

102
Q

slander

A

spoken defamatory statements

103
Q

libel

A

written defamatory statements

103
Q

libel

A

written defamatory statements

103
Q

libel

A

written defamatory statements

104
Q

intentional tort- wrongful with relationship elements

A
  • there was a contract between the plaintiff and a third party and the defendant knew of the contract
  • the defendant induced the third party to breach the contract or make performance impossible.
  • there was not injury to the plaintiff.
104
Q

intentional tort- wrongful with relationship elements

A
  • there was a contract between the plaintiff and a third party and the defendant knew of the contract
  • the defendant induced the third party to breach the contract or make performance impossible.
  • there was not injury to the plaintiff.
104
Q

intentional tort- wrongful with relationship elements

A
  • there was a contract between the plaintiff and a third party and the defendant knew of the contract
  • the defendant induced the third party to breach the contract or make performance impossible.
  • there was not injury to the plaintiff.
105
Q

Intentional torts: wrongful interference with business relationships elements

A
  • when there is a relationship which gives the plaintiff a reasonable expectation of economic advantage, even though no contract exists.
  • when the defendant maliciously interferes and prevents the relationship from developing “predatory behavior”
105
Q

Intentional torts: wrongful interference with business relationships elements

A
  • when there is a relationship which gives the plaintiff a reasonable expectation of economic advantage, even though no contract exists.
  • when the defendant maliciously interferes and prevents the relationship from developing “predatory behavior”
105
Q

Intentional torts: wrongful interference with business relationships elements

A
  • when there is a relationship which gives the plaintiff a reasonable expectation of economic advantage, even though no contract exists.
  • when the defendant maliciously interferes and prevents the relationship from developing “predatory behavior”
106
Q

Superseding cause

A

an unforeseeable intervening event

106
Q

Superseding cause

A

an unforeseeable intervening event

106
Q

Superseding cause

A

an unforeseeable intervening event

107
Q

assumption of risk

A
  • plaintiff knew that injury could result

- plaintiff took chance with knowledge

107
Q

assumption of risk

A
  • plaintiff knew that injury could result

- plaintiff took chance with knowledge

107
Q

assumption of risk

A
  • plaintiff knew that injury could result

- plaintiff took chance with knowledge

108
Q

assumption of risk example

A

skiing bullfighting, bungee jumping, parasailing.

108
Q

assumption of risk example

A

skiing bullfighting, bungee jumping, parasailing.

108
Q

assumption of risk example

A

skiing bullfighting, bungee jumping, parasailing.

109
Q

assumption of risk wavier

A

wavier of defendant’s liability given explicitly or implicitly

109
Q

assumption of risk wavier

A

wavier of defendant’s liability given explicitly or implicitly

109
Q

assumption of risk wavier

A

wavier of defendant’s liability given explicitly or implicitly

Law (13 decks)

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