UNIT 2 Flashcards
Assault
Threat of immediate harm/Actual physical contact is not necessary
Battery
Harmful or offensive direct or indirect physical contact, causes injury/ completion of the physical act
False Imprisonment
Intentional confinement or restraint of another person without authority or justification and without persons consent
Shopkeeper’s Privilege
(defense to False Imprisonment) Allows merchants to stop, detain, and investigate suspected shoplifters without being held liable for
false imprisonment with reason
Misappropriation of the Right to Publicity
An attempt by another person to appropriate a living person’s name or identity for commercial purposes.
Invasion of a Right to Privacy
The unwarranted and undesired publicity of a private fact about a person
Defamation
False statements made by one person about another
* Truth is a defense to defamation
* Plaintiff must prove:
* Untrue statement of fact
* published (heard or saw by a 3rd party)
Disparagement
False statements about a competitor’s products, services, property, or business reputation
Intentional Infliction of Emotional Distress
Extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person
Duty of Care
obligation people owe each other not to cause any unreasonable harm or risk of harm
* Reasonable Person Standard
* how an objective, careful, and conscientious person would have acted in the same circumstances
Breach
failure to exercise care
Actual Cause
did the defendant’s action cause the plaintiff’s injuries
* Test: “But for” the defendant’s conduct, would the accident have happened
Proximate Cause
defendant’s act or omission was a substantial factor in bringing about the injury which
would not otherwise have occurred
* Test: Foreseeability
COMPENSATORY:
Economic: medical bills, property
damage, lost wages
Non-economic: pain & suffering, loss
of consortium
PUNATIVE
Rare, only when defendant egregious.
Intended to punish the defendant.
Negligent Infliction of
Emotional Distress
Distress
experienced by
bystanders of
traumatic events.
Negligence
Per Se
legal doctrine where a defendant is automatically considered negligent if they violate a statute or regulation, without the need for further proof that their actions were unreasonable
Res Ipsa
Loquitor
Presumption of negligence
shifts to the defendant
when defendant had
exclusive control. (Valet)
Gross Negligence
Willful misconduct or reckless behavior
Attractive Nuisance Doctrine
Imposes liability on a landowner to children who have been attracted onto the landowner’s property by an
attractive nuisance and who are killed or injured on the property.
Ex. Unguarded pools or hot tubs, abandoned refrigerators
Defense to
Negligence:
Plaintiff knew the risk and assumed that risk
Comparative Negligence
Damages are apportioned according to fault
Strict Liability
involving abnormally dangerous activities
ex. crop dusting, blasting, fumigation, burning fields, storing explosives, keeping of animals and pets
