Torts Flashcards
tortfeasor
the one committing the tort
1.assault
any word or action meant to intimidate
1.battery
an act that results in harm
must be physical contact
Defense to assault and battery
consent
self defense
defense of others
2.False imprisonment
intentional confinement or restraint without reason
retailers shoplifting rules:
1. reasonable time
2. non deadly force
3. investigate in reasonable manner
4. probable cause
Shoyoye v. county LA wrongfully imprisoned under same name but different person
3.Intentional infliction of emotional distress
Outrageous conduct that goes beyond all possible bounds of decency
Results in mental distress
firefighters forced to drive in gay pride san diego
4.Defamation
Anything published or publicly spoken that hurts a name or reputation
Libel-Defamation in written or published form
Slander-Defamation in oral form
public figures must show actual malice
personal opinion prtected
Actual malice
Known falsities but published anyway
what public figures must show for defamation
5.Right to privacy
Intrusion on someones affairs
Public disclosure of private facts
Appropriation of identity- using a person without permission
5.Right to appropriation/ right of publicity
Using a person name, likeness, or other identifying characteristic without permission
50 cent video game
5.Appropriation
Using a person name, likeness, or other identifying characteristic without permission
6.Fraudulent misrepresentation
Any deceit or misrepresentation for personal gain
more than puffery or sellers talk
7.Abusive or frivolous litigation
Persons have a right to not be harassed by lawsuits
- Wrongful interference (contractual)
third parties must not knowably induce a party to breach their contract
- valid contract
- 3rd party must know about contract
- 3rd party must induce breach
- Trepass to land
(personal property)
Interference to an owners right to exclusive possession of land (trespassing)
actual harm not required
- Trespass to personal property (chattels)
(personal property)
Interference with an owners property
wrongfully taking or harming the property
- Disparagement of property
(personal property)
Falsehoods made about someones product or property
slander of quality
slander of title
4 elements of negligence
- Duty - duty of care
- Breach - breached duty
- Causation - caused injury
- Damages or injury - suffered injury
Duty of landowners /businesses in negligence
Reasonable care to protect persons on their property from harm
Causation in negligence
defendants breach caused injury
2 kinds
1. causation in fact- without which the event would not have occurred, no limits
2. proximate cause- person is liable if their act and injury is strong enough to justify imposing liability
Assumption of risk
defense to negligence
A plaintiff who voluntarily enters a risky situation knowing the risk involved (dangerous sports)
Comparative negligence
defense to negligence
damages apportioned to according to fault
Res Ipsa Loquitur
easy for plaintiff to prove duty because of defendants obvious control
ex. surgical instrument found in body after surgery
Negligence per se
When a defendant violates statute put in place to protect the injury received
Plaintiff automatically wins
