Torts & Product Liability Flashcards
What is a tort?
a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability
How is tort law different from criminal law?
ort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate
What is false imprisonment?
Defendant willfully confines plaintiff without plaintiff’s consent and without legal authority
What is the shopkeeper’s privilege (a defense)?
privilege to detain a suspected shoplifter until police arrive—must be reasonable manner and duration
What is Intentional Infliction of Emotional Distress (IIED)?
a common law tort that allows individuals to recover for severe emotional distress caused by another individual who intentionally or recklessly inflicted emotional distress by behaving in an “extreme and outrageous” way.
What actions does IIED require?
IIED requires that the action must either
a) result in a physical injury
b) be completely intolerable in society (outrageous conduct)
What is defamation?
the action of damaging the good reputation of someone; slander or libel
What are the 4 requirements to sue for defamation?
1) Publication / communication to someone(s) other than plaintiff
2) False statement of fact (not opinion)
3) Damages
4) “Actual malice”
Why is the case “The N.Y. Times v. Sullivan” important?
it is important because it was a landmark U.S. Supreme Court decision holding that First Amendment freedom of speech protections limit the ability of public officials to sue for defamation .
What requirement was added in order to sue for defamation after the case “The N.Y. Times v. Sullivan”?
Public figure plaintiff must prove “Actual Malice” (knowingly false or reckless disregard of truth or falsity)
What are the four forms of invasion of privacy?
a) Appropriation of Identity
b) Intrusion into Individual Affairs or Seclusion
c) Public Disclosure of Private Facts
d) False Light
Within the four forms of invasion of privacy, what is “Appropriation of identity”?
(i) using identifiable characteristic,
(ii) without permission,
(iii) for commercial gain
Within the four forms of invasion of privacy, what is “Intrusion into individual’s affairs or seclusion”?
without permission searching through home or property (e.g. laptop, cell phone)
Within the four forms of invasion of privacy, what is “Public disclosure of private facts?”
disclosing private facts or information to others/ the public
Within the four forms of invasion of privacy, what is “False light”?
under the tort of false light, a plaintiff can receive damages for the emotional harm that he or she suffered by the spread of the falsehood.
What are the three requirements to apply wrongful interference with a contract?
a) Valid Contract Exist
b) Defendant Knew of This Valid Contract
c) Defendant Intentionally Induced Breach
What is negligence?
A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances
What are the four basic elements of negligence (unintentional tort)?
1) Existence of Duty (to exercise reasonable care)
2) Breach of duty
3) Causation (actual & proximate)
4) Damages
What is the duty of landowners?
“to exercise reasonable care to protect individuals coming onto property”
How does the jury decide whether someone acted in duty?
Duty to act as a “reasonable person” would act.
Jury uses “reasonable person” (an objective standard) to decide if defendant’s behavior breached duty of care.
Jury determines “How would a reasonable person act in this circumstance?” and whether defendant acted in that way.
What is Negligence per se?
automatic liability if defendant’s act violates a statute and causes injury (plaintiff does not have to prove duty and breach).
What is causation?
The failure to exercise reasonable care caused harm to the defendant
What are the two different types of causes?
1) Cause in fact (actual cause)
2) Proximate cause (legal cause)
What is proximate cause?
An actual cause that is also legally sufficient to support liability. Although many actual causes can exist for an injury (e.g., a pregnancy that led to the defendant’s birth), the law does not attach liability to all the actors responsible for those causes. The likelihood of calling something a proximate cause increases as the cause becomes more direct and more necessary for the injury to occur
What is the significance of Palsgraf v Long Island Railroad Co [1928]?
It set the precedent that proximate cause can only be applied for a defendant if the cause of harm is a reasonably foreseeable result of a wrongful act; limits tort liability
What is Dramshop Liability?
alcohol seller can be held liable for injuries caused by consumer
What is comparative negligence/fault?
diminishes award to plaintiff by % of fault of plaintiff
What is assumption of risk?
i) plaintiff knew of risk, and
ii) remained despite risk
What are compensatory damages?
Compensatory damages are monetary damages received by the plaintiff in the event of injury or loss to cover the expenses that occurred during the event.
A compensatory damages example may include medical fees, loss of income, and physical pain and suffering.
What are the two types of compensatory damages?
a) Economic (medical bills, property damage, lost wages, etc)
b) Non-economic (pain and suffering)
What are punitive damages?
Punitive damages, or exemplary damages, are awarded to a plaintiff in addition to compensatory damages as a way to punish the defendant for a purposeful or especially negligent action. They are the legal system’s method of discouraging future bad behavior by making it financially harmful to the defendant.
***Only when the jury finds egregious or
reprehensible conduct
Are there limits to the amount of damages someone can recieve?
Yes,
Some state legislatures pass laws limiting
non-economic damages and/or
punitive damages (such limits declared unconstitutional by some state supreme courts… including Arkansas!)
What is significant about the case State Farm v. Campbell (2003)?
It set the precedent that punitive damages is often limited to 9X the compensatory damages (or less)
What is strict liability?
Liability regardless of fault (does not involve breach of duty of care)
Where would strict liability apply?
- Abnormally dangerous activities
- Strict product liability (sale of product by professional seller)
What are the elements someone would need to prove to use Strict Product Liability?
1) Professional seller/maker (engaged in business of selling or distributing)
2) Product must be in defective condition when sold (and not substantially changed by consumer)
3) Product must be unreasonably dangerous
4) Defect must cause harm/injury
What are some Strict Liability defenses?
a) Product Misuse
b) Commonly known dangers
c) Knowledgeable user
What are some abnormally dangerous activities that could leave someone liable to Strict Liability?
- blasting
- storing explosives
- keeping wild animals
