Topic 3 Exam (Chapters: 7, 8, 9) Flashcards
Violation of a duty imposed by the civil law
tort
Involves a defamatory statement that is false, uttered to a 3rd person, and causes an injury
defamation
Intentional restraint of another person without reasonable cause and without consent
false imprisonment
Intentional touching of another person in a way that is unwanted or offensive
battery
An act that makes the plaintiff fear an imminent battery
assault
Extreme and outrageous conduct that causes serious emotional harm
intentional infliction of emotional stress
The normal remedy in a tort case. In unusual cases, court may award punitive ones, not to compensate the plaintiff but to punish the defendant
damages
The defendant unfairly harming an existing contract
tortious interference with a contract
Protects the exclusive right to use one’s own name, likeness, or voice
commercial exploitation
Intentional/deliberate deception frequently used to obtain a contract with another party
fraud
A valid defense in a defamation suit
opinion
What are the elements of negligence?
- duty of due care
- breach
- factual causation
- proximate causation
- damages
If the defendant could foresee that misconduct would injure a particular person
he would have a DUTY to her
Landowner’s duty of due care: LOWEST LIABILITY?
trespassing adults
- owner owes NO DUTY except intentionally hurting injuring him for some other gross misconduct
Landowner’s duty of due care: MID-LEVEL LIABILITY?
trespassing children
- if something on land is expected to attract children, landowner is probably liable for any harm
Landowner’s duty of due care: HIGHEST LIABILITY?
invitee
- owner has duty of reasonable care to invitee (duty to inspect for hidden dangers)
What does a defendant do if he fails to meet his duty of care?
Breach
If an event physically led to the ultimate harm, what is it?
factual cause
For the defendant to be liable, the type of harm must have been reasonable foreseeable
proximate cause
A plaintiff who is even slightly responsible for his own injury recovers nothing
contributory negligence state
The jury may apportion liability between plaintiff and defendant
comparative negligence state
A defendant is WHAT for harm caused by an ultra hazardous activity or a defective product? (the defendant’s conduct led to harm)
strictly liable/strict liability
Examples of ultra hazardous activities
- using harmful chemicals
- blasting
- keeping wild animals
Product liability will arise if..
- a seller’s conduct is not that of a reasonable person
- a seller has a defective product that reaches the user without substantial change
