Exam 2 CHP 6 Flashcards
The failure to do something that a reasonable person would do or the doing of something that a reasonable person would not do.
Negligence
Represents how persons in the relevant community ought to behave.
Reasonable person
Duty of care in a given situation, standard of reasonableness.
Standard of care
Standard is that of a reasonably competent and experienced person in that profession. I.E. Doctor, Engineer, Financial Consultant.
Professional Standard
A professional shows either gross or unintentional negligence.
Malpractice breach
Established by evidence showing that a defendant’s action or inaction is the actual cause of an injury that would not have occurred but for the defendant’s behavior.
Causation-in Fact
Limits liability to consequences that bear a reasonable relationship to the negligent conduct.
Proximate cause
Liabilities that can cause injury to a business’s property
Premises liability
Owed - A safe business environment
Duty owed to a business invitee
Plaintiff was injured from an explosion caused by another customer on a business’s premises. Plaintiff sued the company for insufficient safety protocol.
Palsgraf v. Long Island Railway
Used against an injured party who voluntarily assumed the risk of harm arising from the negligent or reckless conduct of another, may not be allowed to recover compensation for such harm.
Defenses to negligence
Assumption of risk, liability waiver, a contract by which the plaintiff promised not to sue in a case of injury.
Exculpatory Clause
Under the rule, the court determines how much at fault should be assigned to the plaintiff and the defendant.
Comparative negligence
The plaintiff must contribute at least 51% of the negligence for no recovery to be allowed.
51% rule - Contributory negligence
Classified on the basis of the personal and property interests the law protects. Based on the intent of a defendant to interfere with the protected interests of a plaintiff.
Intentional torts
Intentional conduct directed at a person that places the person in fear of immediate bodily harm or offensive contact.
Assault
Unlawful touching, which is intentional physical contact without consent.
Battery
An employee who experienced an emotionally distressing prank from coworkers and supervisors. Sued for compensation for assault and battery due to unlawful arrest.
Feuerbach v. Southwest Airlines
Privilege based on the need to allow people who are attacked to take steps to protect themselves.
Self-defense
Occurs when the injured party gave permission to the alleged wrongdoer to interfere with a personal right.
Consent
The intentional holding, detaining, or confining of a person that violates the protected interest in freedom from restraint of movement.
False imprisonment
Involves conduct so outrageous that it creates severe mental distress in a person.
Emotional distress
Applied by judges to restrict or limit the right to make claims for damages because of a concern that permitting a claimant to recover in such situations might open the metaphorical “floodgates” to large numbers of claims.
Floodgate argument
An employee who was a manager at a company developed medical conditions prohibiting her from working full-time. The company tried to layoff the employee due to inadequate standards at the work location. The employee sued for discrimination.
Lawler v. Mont Blanc
A person’s right to solitude and to be free from unwarranted public exposure.
Invasion of privacy
Unauthorized use of another’s name, likeness, or identity without that person’s permission, resulting in harm to that person.
Misappropriation of identity
Case about a woman who sued a hotel over the hotel’s negligence in protecting her information from a peeping stalker. The woman also sued the stalker, winning 55 million collectively.
Erin Andrews case
Intentional false communication that injures a person’s reputation or good name.
Defamation
Intentional SPOKEN communication that injures a person’s reputation or good name.
Slander
Intentional PUBLISHED communication that injures a person’s reputation or good name.
Libel
Where most defamation suits happen. As a result, the involved parties have a policy of providing no information.
Workplace Defamation
If a statement that caused harm to a person’s reputation is true, it can be used as a defense.
Truth as a defense
Eliminates liability when the false statement was published in a good faith and with proper motives, such as for a legitimate business purpose.
Conditional privilage
Protects members of the press who publish opinion material about public officials, public figures, or persons of legitimate public interest.
Constitutional Privilege
If a statement was made with reckless disregard for the truth.
Actual Malice
The thing speaks for itself, plaintiff states a case that is obvious
Res ipsa loquitur
The injury would not have occurred but for the conduct of the party accused of committing a tort.
Qua non
