power point exam 2 Flashcards
Tort?
A civil wrong causing injury to a person, their property, or their economic interests.
example Mcdonalds hot coffe
types of damages?
Compensatory Damages
Punitive Damages
Compensatory damages
compensation for losses of the plaintiff
Punitive damages:
are damages awarded in excess of normal compensation to punish a defendant for a serious civil wrong.
When is a tort committed?
When a duty owed by one person to another is breached proximately causing injury or damage to the owner of a legally protected interest.
What is intent
Intent is defined as desire to cause the consequences of an act or knowledge that the consequences are substantially certain to result from the act.
A defendant’s conduct in a case is privileged if?
it furthers an interest of such social importance that the law grants immunity from tort liability for damages to others.
Example of privilege include self defense, defense of property and defense of others.•Consent to the defendant’s conduct is a defense. (think of sports injuries)
battery is?
intentional infliction of harmful or offensive bodily contact.
Example of Battery is
(1) Bodily contact is offensive if it would offend a “reasonable” person’s sense of dignity.
(2) if the bus suddenly stops and A falls over B this is not a battery.
(3) A slaps B. This is an example of a battery
Lawful confinement?
Lawful confinement does not subject a merchant to the tort of false imprisonment.
probable cause, in a reasonable manner and for not more than reasonable time.
False imprisonment
is intentional interference with a person’s freedom of movement by unlawful confinement
A is shopping at Walmart. Walmart loss prevention staff suspect A of shoplifting. What can Walmart do?
Assault
Intentional conduct by one person directed at another that places the other in apprehension of imminent/immediate bodily harm. I
example of Assault
A points gun at B and fires injuring B. A is liable for assault and battery.
Negligence is?
conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm
Examples of negligence include: A driver who runs a stop sign causing an injury crash. A store owner who fails to put up a “Caution: Wet Floor” sign after mopping up a spill. A property owner who fails to replace rotten steps on a wooden porch that collapses and injures visiting guests.
5 elements of a claim of negligence
duty of care, breach of duty, factual cause, harm and scope of liability.
Duty to act in society?
A person has the duty to act “reasonably” under all the circumstances.
The duty to aid or protect others legally arises in which kind of situations
the context of a special relationship.•Examples are:•Common carrier with passengers•An inn keeper with guests
Example of duty to act
You hear a child struggling in the pool. You think to yourself this is not my problem. The child drowns.
Morally and ethically you are at fault for not helping but legally youre not. But if you are a parent or baby sitter of the child you are legally required to act.
Three status and dutys
trespasser, licensee and invitee.
Trespasser definition
a person who enters or remains on the land of another without permission or privilege to do so
Licensee Definition
person privileged to enter or remain on land by virtue of the consent of the lawful possessor.
Invitee Definition
person invited upon land as a member of the public or for a business purpose
Obligations of?
Duty to trespasser
Duty to licensee
Duty to invitee
Duty to trespasser: not to injure intentionally.
- Duty to licensee: To warn of known dangerous conditions licensees are unlikely to discover for themselves.
- Duty to invitee: to exercise reasonable care to protect against dangerous conditions possessor should know of but invitees are unlikely to discover.
What is a contract?
A contract is a binding agreement that the courts will enforce.
The requirements of a contract
The requirements of a contract are mutual assent, consideration, legality of subject and capacity.
A valid contract is a
A valid contract is a contract that meets all the requirements of a binding contract