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Business Law > Tort Law > Flashcards

Tort Law Flashcards

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1
Q

Tort

A

Civil wrong, not arising from a breach of contract, society compensates those who have suffered injuries as a result of the wrongful conduct of others, idv. vs. idv.

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2
Q

Damages

A

Money sought as a remedy for a breach of contract or a tortious (wrongful) act

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3
Q

Damage

A

Refers to actual harm done

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4
Q

Class-Action Lawsuit

A

Suit in which a number of persons join together to bring an action

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5
Q

Defenses

A

Reason offered by the defendant as to why the plaintiff should not recover or establish what they seek

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6
Q

Liability

A

Legally responsible for something

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7
Q

Intentional Tort

A

Wrongful act knowingly committed, Act, Intent, Causation, Damage

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8
Q

Tortfeasor

A

One who commits a tort

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9
Q

Assault

A

Any word or action intended to make another person fearful of immediate physical harm or cause apprehension

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10
Q

Battery

A

Completion of the act that caused apprehension, if it results in harm, intentional touching of another

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11
Q

How to determine if touching is offensive

A

Reasonable person standard

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12
Q

False Imprisonment

A

Intentional confinement of another person without justification

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13
Q

Defamation

A

Anything published or publicly spoken that causes injury to another’s good name, reputation, or character, also false statements about products, businesses, or titles to property

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14
Q

Libel

A

Defamation in written form

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15
Q

Slander

A

Defamation in oral form

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16
Q

4 Parts Necessary to Establish Defamation

A

1) must have been a false statement of fact (not just a negative opinion)
2) Was understood to be about the plaintiff and tended to harm plaintiff’s reputation
3) Statement was published to at least one person other than the plaintiff
4) If plaintiff is public figure must prove actual malice

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17
Q

Is a person who repeats or republishes defamatory statements also liable?

A

yes

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18
Q

Privilege

A

Immunity from liability for an action that would otherwise be a tort (Judge or attorney in court have privilege), defense against defamation charge

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19
Q

Actual Malice

A

Defamatory statement made about a public figure with knowledge of its falsity or with reckless disregard for truth

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20
Q

Tort of Appropriation

A

Act of invasion of the right to privacy, use of a person’s name, picture, or other likeness for commercial purposes without permission

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21
Q

Invasion of the home

A

Act of invasion of the right to privacy, invasion into an individual’s affairs or seclusion in an area where the person has a reasonable expectation of privacy

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22
Q

Invasion of privacy in publication

A

Act of invasion of the right to privacy, publication of info that places a person in a false light (saying something they didn’t do), crosses towards defamation

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23
Q

Public Disclosure of Private Facts

A

Act of invasion of the right to privacy, public disclosure of public facts about a private individual that an ordinary person would find objectable

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24
Q

Fraudulent Misrepresentation

A

Misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would/does detriment

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25
Q

Elements of Fraudulent Misrepresentation

A

1) Misrepresentation of facts or conditions with the knowledge that they are false or with reckless disregard for the truth
2) Intent to induce another to rely on the misrep.
3) Justifiable reliance on the misrep. by the deceived party
4) Injuries suffered as a result of this reliance
5) Casual connection between the misrep. and the injury

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26
Q

Puffery

A

“Seller’s Talk”, saying you’re the best at something isn’t fraud because impossible to prove a true best

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27
Q

Abusive or Frivolous Litigation

A

People have a right to not be sued without a legally and proper reason

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28
Q

Malicious Prosecution

A

Can be sued for starting a lawsuit out of malice or without legal reason and then lost said suit

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29
Q

Abuse of Process

A

Person using legal process in an improper manner or to accomplish a purpose it was not designed for

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30
Q

Business Tort

A

Wrongful interference with another’s business rights

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31
Q

Wrongful Interference with a Contractual Relationship

A

1) Valid, enforceable contract must exist between two parties
2) A third party must know this contract exists
3) Third party must intentionally cause either of the two parties to break the contract

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32
Q

Wrongful Interference with a Business Relationship

A

Businesses are forbidden by court to interfere unreasonably in other business’s attempt to gain a share of the market (predatory behavior), can’t solicit only customers who have shown interest in a similar product (need to just attract customers in general)

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33
Q

Trespass to Land

A

Entry onto, above, or below the surface of land owned by another without the owner’s permission or legal authorization or causes anything to enter the land, liable for damages caused and can’t hold owner liable for injuries sustained on property

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34
Q

How can trespassers be removed?

A

With reasonable force

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35
Q

Trespass to personal property

A

Unlawful taking or harming of another’s personal property, interference with another’s right to the exclusive possession of their personal property

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36
Q

Personal Property

A

Object you can move

37
Q

Conversion

A

Wrongful taking, using, or retaining possession of personal property that belongs to another, includes electronic data

38
Q

Disparagement of Property

A

Economically injurious falsehoods about another’s product or property, published with the intent of discouraging a third person from dealing with the person slandered.

39
Q

Slander of Quality

A

Disparagement of Property, Publication of false info about another’s product, alleging it is not what its seller claims, plaintiff must prove actual damages

40
Q

Slander of Title

A

Disparagement of Property, publication of a statement that denies or casts doubt on another’s legal ownership of any property, causing financial loss to that property’s owner

41
Q

Negligence

A

Failure to exercise the standard of care that a reasonable person would exercise in similar circumstances, creating risk

42
Q

Duty

A

Did the defendant owe a duty of care to the plaintiff?

43
Q

Breach

A

Did the defendant breach that duty?

44
Q

Damages

A

Did the plaintiff suffer a legally recognizable injury as a result of the breach?

45
Q

Causation

A

Did the Defendant’s breach cause the plaintiff’s injury?

46
Q

Duty of Care

A

People are free to act as they please so long as their actions do not infringe on the interests of others, exercise a reasonable amount of care in dealings with others

47
Q

Reasonable Person Standard

A

Society’s judgement on how people should act, careful, conscientious, even-tempered, and honest

48
Q

Duty of Landowners

A

Landowners are expected to exercise reasonable care to protect persons coming onto their property from harm, includes trespassers

49
Q

Business Invitees

A

A person, customer, who is invited onto business premises by the owner for business purposes (Duty to exercise reasonable care)

50
Q

Duty of Professionals

A

If an individual has knowledge, skill, or intelligence superior to that of an ordinary person, the individual’s conduct must be consistent with that status, taken into account of their reasonable care

51
Q

Injury Requirement

A

For a tort to have been committed the plaintiff must have suffered legally recognizable injury, must have suffered some loss, harm, wrong, or invasion of a protected interest

52
Q

Causation in fact (Actual Cause)

A

If the injury would not have occurred without the defendant’s act, but for test

53
Q

Proximate Cause

A

When the connection between an act and injury is strong enough to justify imposing liability, helps limit scope of liability

54
Q

Foreseeability

A

Test for proximate cause, no proximate cause if harm or consequence was unforeseeable

55
Q

Defenses to Negligence

A

Assumption of Risk, comparative negligence, strict liability

56
Q

Assumption of Risk

A

Defense to Negligence, Plaintiff voluntarily enters into a risky situation and knows the risk involved
1) Knowledge of the risk
2) Voluntary assumption of the risk

57
Q

Comparative Negligence

A

Liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person’s proportional negligence

58
Q

Strict Liability

A

Liability regardless of fault, abnormally dangerous activities

59
Q

Burden of Evidence for Tort

A

preponderance of evidence, more likely than not

60
Q

Joint Tortfeasors

A

Two or more wrong-doers, each is liable to the victim for ALL damages, damages are then split

61
Q

Right of Indemnity

A

Tortfeasors can ask the other tortfeasor to pay their fair share back to them (One puts up the full $100,000 but the other is responsible for 40%)

62
Q

Iowa Fault Rule

A

Must be more than 50% at fault to be held liable for all damages, otherwise just liable for your portion

63
Q

What if the plaintiff is also at fault?

A

Their portion of the responsibility won’t be paid in damages

64
Q

Act in Intentional Tort

A

Purposeful movement by defendant

65
Q

Intent of Intentional Tort

A

Know you are doing something bad

66
Q

Eggshell Plaintiff Rule

A

Defendant doesn’t need to intend all injuries but is liable for all

67
Q

Doctrine of Transferred Intent

A

If you meant to injure A but injure B instead you are still liable

68
Q

Causation of Intentional Tort

A

The conduct of defendant is a substantial factor in bringing about the injury

69
Q

In causation what must you analyze?

A

Actual cause and proximate cause

70
Q

Damages

A

Plaintiff suffers harm or injury, past, present, and prospective damages must be paid

71
Q

Defenses to Intentional Torts

A

Express Consent, implied consent, self-defense, defense of others, defense of property, necessity

72
Q

Express Consent

A

Competent, voluntary, act limited to scope of consent

73
Q

Implied Consent

A

Reasonable person would infer from plaintiff’s conduct, implied by law

74
Q

Self-Defense

A

Use of reasonable force to protect against injury, reasonable belief (don’t need to be correct), no retaliation, can use equal force back (reasonable force necessary to stop attack), don’t have to try and escape (retreat is not required)

75
Q

Defense of Others

A

Reasonable belief, protect someone who can’t defend themselves

76
Q

Defense of Property

A

Reasonable force to prevent harm/destruction of property, NO deadly force (Life trumps property), request to cease unless circumstances would make it dangerous or request would be futile

77
Q

Necessity

A

May interfere with the property of another where reasonably necessary to avoid injury, threatened injury is substantially more serious than the invasion

78
Q

Public Necessity

A

Defense is absolute (Don’t pay for anything), protects public wellbeing

79
Q

Private Necessity

A

Defense is qualified, don’t need to pay for trespass but may need to pay for related damages since it only helped you (Breaking someone’s dock seeking harbor in a storm)

80
Q

Negligence

A

Duty, Breach, Causation, Damages

81
Q

Reasonable Person

A

In trial has same characteristics as defendant (physical limitations, mental ability, special skills)

82
Q

Who is duty owed to?

A

Foreseeable plaintiffs, anyone who may be affected

83
Q

What do statutes, contracts, and special relationships create?

A

Duty

84
Q

Negligence Per Se

A

Question for the jury is only causation and damages, duty and breach were obvious

85
Q

How do you alleviate causation?

A

Find a break in the chain events to show it wasn’t your fault

86
Q

Defenses to Negligence

A

Contributory Fault, Comparative negligence, assumption of risk and commonly known damage

87
Q

Contributory Fault

A

Defenses to Negligence, Under common law if plaintiff is partially at fault you can’t bring the case to court, no recovery

88
Q

Comparative Negligence

A

Defenses to Negligence, Plaintiff may recover portion of damages, jury weighs plaintiff’s negligence against defendant’s, reduces plaintiff’s damages accordingly (In IA must be less than 50% at fault to recover

89
Q

Assumption of risk and commonly known damage

A

Defenses to Negligence, Voluntarily accepted risk of injury means no compensation

Business Law (13 decks)

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