LEGL 2700 Chapter 10 Flashcards
what is a tort?
a civil wrong that gives rise to an injury or harm
what are the types of torts?
intentional
negligence
strict liability
what is an intentional tort?
deliberate actions that cause injury or harm
what is intent?
matter you intended the action that causes the harm
what is assault?
placing another in immediate apprehension for his/her physical safety
what is battery?
touching of another without consent
what is intentional infliction of emotional distress?
outrageous, intentional conduct that carries a strong probability of causing mental distress to the person at whom it is directed
what is invasion of privacy?
comprise invasions of personal interest
what is under invasion of privacy?
-using a person’s name of likeness for personal gain
- intrusion upon person’s solitude
- public disclosure of highly objectionable private information
what is an example of using a person’s name of likeness for personal gain?
EA sports used college players faces without giving compensation for their video game
what is an example of intrusion upon person’s solitude?
paparazzi climbing over wall to famous person’s estate trying to get pics of them in the house
what is an example of public disclosure of highly objectionable private information?
2 best friends have a falling out and one goes on instagram and posts that her ex BFF has an STD
what is false imprisonment?
unjustified confinement of non consenting person
what is malicious prosecution?
causing someone to be arrested criminally without proper grounds
what is trespass?
entering another’s land without consent or to remain there after being asked to leave
what is conversion?
Wrongful exercise of dominion and control over resources
what is defamation?
publication of untrue statements about another that hold up that individual’s reputation to ridicule
what is slander?
spoken
what is libel?
written defamation
what are the defenses to defamation?
truth and privileged communication
what is the difference between defamation and public disclosure of highly objectionable personal information?
highly objectionable personal information is true information
what is fraud?
intentional misrepresentation of material fact that is relied upon by someone to his or her injury
what are the elements of fraud?
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
what is injurious falsehood?
publication of untrue statements that disparage the business owner’s product or its quality
what is the difference between defamation and injurious falsehood?
defamation is talking about an individual, injurious falsehood is about business
what is tortious interference (intentional interference with contractual relations)?
wrongful interaction with contractual or business relationships
what is Texaco v Pennzoil about?
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
what did Pennzoil sue Texaco for?
tortious interference, alleging that Texaco induced Getty to breach its contract
what did the Jury award Pennzoil from Texaco?
3 billion dollars
what is negligence?
failure to exercise reasonable care that foreseeably causes injury
what are the elements of negligence?
-duty of care
-breach of duty
- causation
-actual injury
what is duty of care?
exercise reasonable diligence not to harm another
what is the standard for duty of care?
reasonable person standard applies, special relationships and professionals
what is breach of duty?
the jury decides whether the defendant breached his/her duty of care to the plaintiff
how do we determine whether the duty of care was breached?
Negligence per se or res ispa loquitor
what is negligence per se?
defendant has broken a law and the law has established duty of care and has established it has been breached
what is res spa loquitor?
“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
what is actual causation?
plaintiff must prove that the defendant actually caused the injury
what is proximate causation?
show that the injury he or she suffered is reasonably insufferable based on the negligence of the defendant
what does proximate causation represent?
the proposition that those engaged in activity are legally liable only for the foreseeable risk that they cause
what is an example of proximate causation?
palsgraf v Long Island railroad case
what is actual injury?
the damage the plaintiff suffers as a result of defendant’s breach of duty
what are the types of damages?
compensatory and punitive
what are compensatory damages?
compensates the plaintiff for injuries suffered
what is an example of compensatory damages?
past and future medical expenses, past and future pain and suffering
what are punitive damages ?
arises when defendant showed a conscious disregard for the interests of others and is awarded by the courts to punish defendant
what is under affirmative defenses to negligence?
contributory/ comparative negligence and assumption of the risk
what is contributory negligence?
negligence- if the plaintiff is even partially at fault, then the plaintiff cannot recover
what is comparative negligence?
if the plaintiff is partially at fault, then damages will be appointed according to fault
what is assumption at risk?
the plaintiff cannot recover if: they had knowledge of the specific risk AND voluntarily assumed that risk
what is strict liability?
injury causing behavior that is neither intentional nor negligent
what is products liability?
seller who sells an unjustly dangerous faulty product that causes injury to a user of the product is strictly liable
what are production defects?
not created to standards
what are design defects?
injury caused due to unsafe design
what is under ultrahazardous activities?
-transporting and using explosives and poisons
- keep dangerous wild animals
- artificial storage of large quantities of liquid
what is the defense to products liability?
-assumption of the risk
-misuse
TRUE OR FALSE: contributory negligence is NOT a defense to product liability
TRUE
