final Flashcards
Torts
Torts are civil wrongs other than breaches of contract. Torts can be intentional or unintentional
punitive damages
damages that are meant to punish the defendant and discourage the type of behavior the defendant has engaged
Battery
an unauthorized touching
Assault
A Threat
Defamation
- Injure to someone’s reputation by false information
Libel- written
Slander- oral
Deceit
has the same elements as fraud. There has to be a purposeful misrepresentation made to the victim, which is believed by the victim, and leads to damages.
Trespassing
there must be physical entry of some sort of property
consent or privilege
Defenses to intentional torts. For instance, one generally signs a consent form for surgery, so the doctor can work on your body. Consent can also be shown by voluntary action.
Negligence
is an unintentional tort. You should know the elements of tort, being existence of a duty, a breach of that duty, that the breach was the proximate cause of injury, and that there was actual injury
Privilege
means that the defendant had the right to do what would otherwise be an intentional tort. (boxing match)
Negligence
is an unintentional tort
Appropriation
using someone’s name or image inappropriately without consent
public discloser of privet facts
when someone publicly shows someone’s privet facts
Negligence per se
that the violation by itself, is considered unreasonable Injured person has to be in the class of persons that the statute or regulation was designed to protect The injury must be of a type that the stature or regulation was designed to prevent
Comparative negligence
the plaintiff will recover an amount reduced by his or whole percentage of negligence performed by plaintiffs actions Ex $100,000 • Plaintiff is 10% at fault • Defendant 1 is 40% • Defendant 2 is 50% o Plaintiff receives $90,000
Assumption of the Risk
plaintiff cannot recover when willful exposure to risk is involved
Strict liability
when there is abnormally dangerously activities If a product is defective, and because of its defective it becomes dangerous, weather there is negligence or not
Property
is a bundle of rights
Real property
- land and anything that is permanently attached to land
Personal property
- property that is not fixed and is movable
Abandoned
purposely give up position of that property, can be taken by anyone and those who take it gain ownership
Lost
property that comes out of someone’s possession not by choice, finder gains ownership except trumped by true owner
Mislaid
property placed somewhere and location is forgot, has to be kept where it was found for the true owner to have a chance to find it
Stolen
property remains owned by true owner
Loaned
balor lends property to balyee
An example is where a woman had stomach pains because she had a sponge and a surgical tool in her stomach cavity. These things were under the control of the doctor, and normally would not be in her stomach had the doctor not been negligent.
Res Ipsa Loquitur
Res Ispa Loquitur
switches the burden of proof from the plaintiff to the defendant. This occurs when the instrumentality of negligence was within exclusive control of the defendant, and injury would not normally have occurred absent the negligence of the defendant.
an entrustment of personal property
A bailment
A finder of property has an ____________, and only owes the true owner a slight duty of care
an involuntary bailment
Where the bailment is for the benefit of the bailee, (borrow parents’ car) the bailee …..
has a high degree of care
where there is a mutual benefit bailment the bailee has a duty of…..
ordinary care (dry cleaner)
where the bailment is for the benefit of the bailor (store furniture at your friend’s house) there is only a
slight duty of care
-personal property that has been affixed to the reality
Fixtures-
comprised of land and everything that is attached to land; air, surface, and subsurface air
Real property
when an Item is attached to the real-estate in such a manner that it will cause damage upon removal
Annexation
does not physically attach, however is specifically adapted to the real-estate, therefore is deemed a fixture
• Adaption
Trade fixture
- fixture put into a property that will help the business become more efficient; ie pizza ovens
Fee Simple Absolute
- if you own it, you have the right to use the property as you see fit, subject to local zoning laws
Life estate
the right of use and enjoyment of the land as measured by the life of that person or another person, at the death of the person whose life determines the length of the estate
Strict Liability in tort – there are three situations where it is unnecessary to prove negligence in order to get recovery
- Dangerous and defective product – a product becomes unreasonably dangerous from a defect. Subject of chapter 9.
- Injury from wild animals
- Injury from dangerous and defective product (fireworks)
Individuals own their units as they would own houses, and the common areas are owned by all unit owners as tenants-in-common, and each owns an undivided share equal to their percentage share of the land comprising the individual units
Condominium
is a building that is placed in the name of a corporation, and each unit in the building is represented by a share of stock
cooperative
Inter vivos
A living gift
Causa Mortis
gift in anticipation of death; • If donor recovers, tfyrecover the gift if threat of death passes
Bailment vs. rental of space
the difference is that you are not passing duty over to the rental agreement
Leaseholds
the right to occupy a property in the exchange of rent
• Not an ownership exchange but a possessory exchange
Life estate
the right of use and enjoyment of the land as measured by the life of that person or another person, at the death of the person whose life determines the length of the estate
easements
right to use the land of another for a specified purpose, but not possess the land
Profits
right to remove something of value from property from another’s land; trees oil or crops
Licenses
- the right to enter property with a specific purpose for a specific amount of time
Tenacy-in-common
different people own a specific percent of interest in a property but not a division, the property is still whole
Partition
when a court decides how a property is broken up if tenates don’t get along
Joint Tenacy
the whole thing has to be created at one time on one document
• Shares of the joint tenancy get split up when you die to other tenates
Quitclaim deed
- no guarantees deeds to properties
Bubble concept
company has right to sell pollution rights when going out of business to other buisnesses
Agent
someone who acts one behalf of another
Principle
- the party for whom an agent acts, has to have full knowledge of the transaction
Express authority
something that is explicitly stated
Implied Authority
when an agent does something that a normal agent usually does
Apparent authority
Is no authority however an impression that the agent has the empower to act
who is responsible for the unintentional torts of the agent while the agent is in the course of employment
principal
Obedience
an agent owes a duty to obey the principal’s instruction
Sole proprietorship
one person who owns and operates a business
Partnership
–“ an association of two or more persons to carry on a co-owners a business for profit”
Joint liability
partners are liable together
Several liability
partners are liable separately
Corporation
an artificial entity created by a legislator that is owed by multiple shares. pay their own tax unless the shareholders choose a Subchapter S election, and shareholders are generally not liable for the responsibilities of the corporation
