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Business Law > Test 2: Torts > Flashcards

Test 2: Torts Flashcards

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1
Q

Tort

A

Civil wrong; breach of duty, other than contract, that causes damage which law provides remedy.

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2
Q

Business Tort Classification

A

1) Intentional
2) Unintentional
3) Strict Liability

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3
Q

Unintentional (Negligence) Tort

A

Civil wrong caused by unintentional careless conduct (act or omission) that creates reasonable risk of harm to others.

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4
Q

Elements of Unintentional (Negligence) Tort

A

1) Breach
2) Causation
3) Duty of Care
4) Damages

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5
Q

Breach (Element of Unintentional/Negligence Tort)

A

Behavior that does not reflect duty of care.

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6
Q

Causation (Element of Unintentional/Negligence Tort)

A

Connection between one’s act and another’s injury.

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7
Q

Cause in Fact (Causation)

A

One’s conduct is the actual cause of the event that created other’s injury.

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8
Q

Proximity Cause (Causation)`

A

One’s conduct has a resoanable relationship with the event that created other’s injury.

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9
Q

Res Ipsa Loquitor

A

“It speaks for itself”: in the absence of negligence injury could have not happend. No need of other elements.

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10
Q

Duty of Care (Element of Unintentional/Negligence Tort)

A

What a resonable person would do in the same or similiar circumstances.

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11
Q

Damages (Element of Unintentional/Negligence Tort)

A

Harm caused by one’s action.

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12
Q

Defense of Unintentional/Negligence Tort

A

1) Assumption of Risk
2) Contributory Negligence
3) Comparative Negligence

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13
Q

Assumption of Risk (Defense of Negligence Tort)

A

Injured party knew or should have known of risk and volutarily assumed it. Injured party does not have case.

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14
Q

Contributory Negligence (Defense of Negligence Tort)

A

Dependent on Jurisdiction. Injured party’s action contributed to injury . Injured party does not have a case.

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15
Q

Comparative Negligence (Defense of Negligence Tort)

A

Dependent on Jurisdiction. Damages are reduced by the % of injuries caused by the injured party.

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16
Q

Pure Comparative Negligence (Comparative Negligence Tort)

A

Damages will be calculated as a percentage of the defendant’s fault.

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17
Q

50% Comparative Negligence (Comparative Negligence Tort)

A

Damages will ONLY be calculated as a percentage of the dedendant’s fault if plaintiff is responsible for LESS than 50% of the fault.

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18
Q

Civil Remedies of Unintentional/ Negligence Tort

A

1) Compensatory Damages
2) Punitive Damages
3) Nominal Damages
4) Liquidated Damages
5) Injunction
6) Specific Performance
7) Declaratory Judgment

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19
Q

Compensatory Damages (Civil Remedy of Negligence Tort)

A

Damages awarded to make the injured party whole. Ex. loss of wages.

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20
Q

Punitive Damages (Civil Remedy of Negligence Tort)

A

Damages awareded to prevent action from happening again.Ex. 2 days of McD’s coffee sales.

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21
Q

Nominal Damages (Civil Remedy of Negligence Tort)

A

Damages awarded to establish responsibility of the defendant, no substantial injury to plaintiff.

22
Q

Liquidated Damages (Civil Remedy of Negligence Tort)

A

Stated remedy when monetary damages are difficult to compute from loss of opportunity.

23
Q

Injunction (Civil Remedy of Negligence Tort)

A

Court order to stop a specific act.

24
Q

Specific Performance (Civil Remedy of Negligence Tort)

A

Court order to perform a speific act.

25
Q

Declaratory Judgment (Civil Remedy of Negligence Tort)

A

Assessment of legality before proceeding with case.

26
Q

Intentional Tort

A

Civil wrong caused by a person with intent.

27
Q

Intent (Intentional Tort)

A

Person’s knowledge that action will resoanably result in harm; state of mind of the person that caused harm; willful act; idea that the one knew or should have known that act would reasonably cause harm.

28
Q

Intentional Tort Classificaiton

A

1) Assault
2) Battery
3) False Imprisonment
3) Infliction of Emotional Distress
4) Invasion of Privacy
5) Defamation

29
Q

Assault (International Tort)

A

Infliction of fear of immediate bodily injury. Ex. pointing a gun.

30
Q

Battery (Intentional Tort)

A

Unlawful touching; intentional physical contact without consent. Ex: kissing, kicking.

31
Q

Defense of Assault and Battery

A

1) Consent
2) Privilege
3) Self Defense
4) Defense of Others/Property

32
Q

False Imprisonment

A

Intentional holding or detaining; restraining the freedom of coming and going. Ex. being held at a store for shoplifting.

33
Q

Defense of False Imprisonment

A

Merchant Protection Statute: holding someone for a reasonable time, in a reasonable manner, for a valid reason.

34
Q

Infliction of Emotional Distress

A

Acting in an outrageous manner that causes several mental or emotional harm.Ex: being badgered by a landlord.

35
Q

Invasion of Privacy

A

Infrigement of a person’s right to solitude and freedom from needless public exposure. Ex: unauthorized use of one’s picture.

36
Q

Defense of Invation of Privacy

A

1) Right is waived by public figures

2) Information taken from public records

37
Q

Defamation

A

False communication that injures a person’s or a company’s reputation or good name.

38
Q

Defamation (Elements)

A

1) must be false
2) must be communicated to a third person or published
3) must cause harm

39
Q

Defamation per se

A

False communication that causes harm itself. Ex: publishing that a person is a child molester.

40
Q

Defense of Defamation

A

1) Truth
2) Absolute Privilege
3) Conditional Privilege
4) Constitutional Privilege

41
Q

Absolute Privilege (Defense of Defamation)

A

False statement given in court as part of a case.

42
Q

Conditional Privilege (Defense of Defamation)

A

False statement with good faith.

43
Q

Constitutional Provilege (Defense of Defamation)

A

Statement published as an opinion.

44
Q

Malicious Prosecution

A

Using the legal system as a form of harrassment.

45
Q

Malicious Prosecution (Elements)

A

1) Underlined by a civil or criminal case
2) Defendant must have won the case
3) Defendant must show plaintiff’s malicious intent
4) Must have created damages

46
Q

Fraud (Elements)

A

1) Intentional misrepresentation
2) Made to induce reliance
3) Induced reliance
4) Justified reliance
5) Reliance caused harm

47
Q

Dram Shop Liability

A

Business that provides alcohol to an intoxicated person is liable if the person causes harm.

48
Q

Good Samaritans Laws

A

Protects one who saves another from liability.

49
Q

Joint & Several Liability

A

Dependent of jurisdiction. Any and or all can be responsible for the damage; therefore, all are sued. Ex: Asbestos

50
Q

Market Share Liability

A

Dependent of jurisdiction. Liability based on the market share of the company at the time of event.

Business Law (3 decks)

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