Test 2 chapter 5 Flashcards by Edward Roca

True of false:

Breach of contract is a tort

false

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define tort

civil wrong that is not a breach of contract for which the law finds a remedy in the form of damages

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who are torts formed against

the tortfeaser/defendant

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tortfeaser

a person who commits the tort

meant to do the act that resulted in the harm

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Three major types of torts

Intentional torts
Negligence
Strict Liability

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Intentional torts

involves a deliberate action resulting in the harm

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Negligence

Unintentional tort that happens dude to failing of reasonable care

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Strict Liability

Liability without fault
mainly used in abnormally dangerous activities
ex. building implosions, wild animal as pet

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appeasement

in what 2 ways is it accomplished

primary purpose of tort law - make them the way they were before the tort was committed

Compensation to the victim
The satisfaction the defendant/tortfeaser had to pay

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what is the primary purpose of tort law

Appeasement
Justice
Deterrence
Social Insurance

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Justice

in what ways is it given

Wrongdoer has to pay

ethical retribution - if you caused it you should pay through equitable or monetary damages
ethical compensation - victim is harmed and should be compensated

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deterrence

prevention

“Least cost avoider” of accident is responsible
rule is intended to alter behavior

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social insurance

party in the best position to spread loss of injury should pay
ex. manufacturer product hurts someone
manufacturer made the profit of sale
manufacturer is in best position to pay

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Damages

compensatory damages

punitive damages

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what is the purpose of compensatory damages

make the innocent party whole again

a. past and future medical expenses
b. pasta and future economic loss
c. past and future pain and suffering

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what is the purpose of punitive damages

used to punish the tortfeaser awarded for
a. gross negligence
b. willful and wanton
8th amendment does not apply

in what 3 ways is Business involved in tort

due to actions and business of its employees
due to business or action against another business
due to business products

what type of business are sued

successful

what standard is used in tort law

reasonable person standard; objective standard

Intentional tort consists of

Assault
Battery 
False imprisonment
Intentional infliction of emotional distress
Invasion of privacy
Defamation
Malicious Prosecution 
Fraudulent Misrepresentation

What does intentional tort need to be considered intentional tort

what kind of types are there

Intent

Personal
Property

Characteristics of assault

business involvement

Intentionally placing someone in fear or apprehension of immediate bodily harm/ offensive contact

Hill v. Western Union - a person threatens someone or places a person in fear or harm

Battery

Physical Contact/offensive touching of someone else without their permission physical contact is not required (ricochet)

Victoria Osteen case

defenses to assault and battery

consent “yes”
privilege cop
self defense force allowed to reasonably defend self or others

false imprisonment

intentional holding/detaining of a person if the person is harmed by such detention - should be reasonable Shopkeepers priviage

Intention of infliction and emotional distress usually requires easily accepted?

intentional conduct so outrageous by person it creates severe and mental distress to another heart attack/ stroke; more than freedom of speech USE ANOTHER TORT

Invasion of privacy

invasion of persons right to solitude and unwarranted public exposure Unwarranted does not mean unwanted

Invasion of privacy elements

defendant intentionally intrude plaintiffs solitude | the intrusion would be highly offensive to a reasonable person

defamation types

publication of false statements against another persons good name libel slander

libel

written or recorded - somehow permanent | slander - oral, transitory, unrecorded speech

defenses to defamation

truth is absolute defense privilege - constitutional privileges conditional/qualified privileges

constitutional privilege limited

statements made by legislators and other public officials Limited by hutch v. proxmire

condiitonal/qualified privilege

statement made with good faith no malice statement made to protect some recognized interest

malicious prosecution

wrongful use of legal proceeding, civil/criminal difficult to win (have to win everything then prove they had no reason to presecute)

unique

apart of Texas malicious prosecution last requirement for special damages or special injuries

Fraudulent Misrepresentation (Fraud)

common law - lying/ conman more than sellers talk (puffery)

lying (falsehood) can be

knowing something is untrue and lying about it | saying a reckless statement