! Ray- Essay Tort Flashcards
pa: battery lack of informed consent
Operating on a patient without informed consent is battery.
surgeon must provide a description of the procedure and disclose risks
pa: false improsement
tort that victim must be either be conscious pf confinment or be harmed by it
pa: tortious intereference with prospective business relationships
to prevail p must show
- aware the realtioship
- intent to impede relationship
- actually impeded the relationship
- no priviledge
pa: consent
parties in mutual combat can only recover actual not punitives
pa: self defese
duty to retreat b4 deadly use
pa: priviledge of arrest
by statute, employee must have PC to believe retail theft has occured or its occurring that person detained committed it.
only detained for reasonable time
pa: defamation
truth or falsity in all defamation actions
pa: intrusion on plaintiffs seclusion
pi lawsuit is filed, limited privacy bc reasonable investigation
pa: interference with burinss relations
a party will not be lianle for tortious interference with contractual relations for giving truthful info to another
pa: punitive damages
punitive damages are designed to punish and deter conduct, iied/false imprisonement as a result it is discoverable
pa: conversion/tresspass to chattels
trespass to chattels is appropriate where the interference is minor and damages= repair
where interference is substantial, conversion= fmv
pa: relevant evidence
credibility is alwats at issue and always relevant
criminal records truth/untruthfulness; crimen false
pa: loss of consortiun
P should bring claim of loss of consortium.
A loss of services and society of a spouse gives rise to a claim to his spouse. To recover, p must show
“Dass cool”
- Derivative of injured spouse claim
- Loss of affection
- Loss of society
- Loss of services
- Loss of camponiojship
