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LEGL 2700 > LEGL 2700 Chapter 10 > Flashcards

LEGL 2700 Chapter 10 Flashcards

1
Q

what is a tort?

A

a civil wrong that gives rise to an injury or harm

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2
Q

what are the types of torts?

A

intentional
negligence
strict liability

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3
Q

what is an intentional tort?

A

deliberate actions that cause injury or harm

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4
Q

what is intent?

A

matter you intended the action that causes the harm

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5
Q

what is assault?

A

placing another in immediate apprehension for his/her physical safety

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6
Q

what is battery?

A

touching of another without consent

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7
Q

what is intentional infliction of emotional distress?

A

outrageous, intentional conduct that carries a strong probability of causing mental distress to the person at whom it is directed

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8
Q

what is invasion of privacy?

A

comprise invasions of personal interest

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9
Q

what is under invasion of privacy?

A

-using a person’s name of likeness for personal gain
- intrusion upon person’s solitude
- public disclosure of highly objectionable private information

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10
Q

what is an example of using a person’s name of likeness for personal gain?

A

EA sports used college players faces without giving compensation for their video game

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11
Q

what is an example of intrusion upon person’s solitude?

A

paparazzi climbing over wall to famous person’s estate trying to get pics of them in the house

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12
Q

what is an example of public disclosure of highly objectionable private information?

A

2 best friends have a falling out and one goes on instagram and posts that her ex BFF has an STD

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13
Q

what is false imprisonment?

A

unjustified confinement of non consenting person

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14
Q

what is malicious prosecution?

A

causing someone to be arrested criminally without proper grounds

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15
Q

what is trespass?

A

entering another’s land without consent or to remain there after being asked to leave

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16
Q

what is conversion?

A

Wrongful exercise of dominion and control over resources

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17
Q

what is defamation?

A

publication of untrue statements about another that hold up that individual’s reputation to ridicule

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18
Q

what is slander?

A

spoken

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19
Q

what is libel?

A

written defamation

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20
Q

what are the defenses to defamation?

A

truth and privileged communication

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21
Q

what is the difference between defamation and public disclosure of highly objectionable personal information?

A

highly objectionable personal information is true information

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22
Q

what is fraud?

A

intentional misrepresentation of material fact that is relied upon by someone to his or her injury

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23
Q

what are the elements of fraud?

A

the defendant:
made a false statement
knew that the statement was false or was recklessly indifferent regarding its truth
intended for the other party to rely on the false statement

24
Q

what is injurious falsehood?

A

publication of untrue statements that disparage the business owner’s product or its quality

25
Q

what is the difference between defamation and injurious falsehood?

A

defamation is talking about an individual, injurious falsehood is about business

26
Q

what is tortious interference (intentional interference with contractual relations)?

A

wrongful interaction with contractual or business relationships

27
Q

what is Texaco v Pennzoil about?

A

Pennzoil entered into an informal agreement to purchase Getty oil but Getty oil entered a sales contract with Texaco and withdrew from its agreement with Pennzoil

28
Q

what did Pennzoil sue Texaco for?

A

tortious interference, alleging that Texaco induced Getty to breach its contract

29
Q

what did the Jury award Pennzoil from Texaco?

A

3 billion dollars

30
Q

what is negligence?

A

failure to exercise reasonable care that foreseeably causes injury

31
Q

what are the elements of negligence?

A

-duty of care
-breach of duty
- causation
-actual injury

32
Q

what is duty of care?

A

exercise reasonable diligence not to harm another

33
Q

what is the standard for duty of care?

A

reasonable person standard applies, special relationships and professionals

34
Q

what is breach of duty?

A

the jury decides whether the defendant breached his/her duty of care to the plaintiff

35
Q

how do we determine whether the duty of care was breached?

A

Negligence per se or res ispa loquitor

36
Q

what is negligence per se?

A

defendant has broken a law and the law has established duty of care and has established it has been breached

37
Q

what is res spa loquitor?

A

“the thing speaks for itself”; plaintiff does not have good access to evidence but it is something that would not have happened if not the defendant had not been negligent

38
Q

what is actual causation?

A

plaintiff must prove that the defendant actually caused the injury

39
Q

what is proximate causation?

A

show that the injury he or she suffered is reasonably insufferable based on the negligence of the defendant

40
Q

what does proximate causation represent?

A

the proposition that those engaged in activity are legally liable only for the foreseeable risk that they cause

41
Q

what is an example of proximate causation?

A

palsgraf v Long Island railroad case

42
Q

what is actual injury?

A

the damage the plaintiff suffers as a result of defendant’s breach of duty

43
Q

what are the types of damages?

A

compensatory and punitive

44
Q

what are compensatory damages?

A

compensates the plaintiff for injuries suffered

45
Q

what is an example of compensatory damages?

A

past and future medical expenses, past and future pain and suffering

46
Q

what are punitive damages ?

A

arises when defendant showed a conscious disregard for the interests of others and is awarded by the courts to punish defendant

47
Q

what is under affirmative defenses to negligence?

A

contributory/ comparative negligence and assumption of the risk

48
Q

what is contributory negligence?

A

negligence- if the plaintiff is even partially at fault, then the plaintiff cannot recover

49
Q

what is comparative negligence?

A

if the plaintiff is partially at fault, then damages will be appointed according to fault

50
Q

what is assumption at risk?

A

the plaintiff cannot recover if: they had knowledge of the specific risk AND voluntarily assumed that risk

51
Q

what is strict liability?

A

injury causing behavior that is neither intentional nor negligent

52
Q

what is products liability?

A

seller who sells an unjustly dangerous faulty product that causes injury to a user of the product is strictly liable

53
Q

what are production defects?

A

not created to standards

54
Q

what are design defects?

A

injury caused due to unsafe design

55
Q

what is under ultrahazardous activities?

A

-transporting and using explosives and poisons
- keep dangerous wild animals
- artificial storage of large quantities of liquid

56
Q

what is the defense to products liability?

A

-assumption of the risk
-misuse

57
Q

TRUE OR FALSE: contributory negligence is NOT a defense to product liability

A

TRUE

LEGL 2700 (18 decks)

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