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10 Cards in this Set

  • Front
  • Back

Strict Liability

Imposes liability on the defendant regardless of whether the defendant acted with reasonable care (dangerous activities, product liability)

Assault

Defendant by word or gesture, intentionally put the plaintiff in fear of imminent physical harm. Has to be immediate harm.

Battery

Intentional physical contact that is offensive or harmful and was not consented to. Exceptions include, (1) athletic battery, (2) plaintiff gave defendant permission.

False Imprisonment

Defendant confines the plaintiff through the use of physical force or verbal threats without permission or privilege.

Defamation

(1) defendant made a false statement about the plaintiff, (2) the statement was published to a third party, (3) the plaintiff's reputation was harmed as a result.

Libel

Defamatory written statement

Slander

Defamatory oral communication

Defamation Per Se

Statements are inherently harmful. Statements include that the plaintiff; (1) is incompetent and/or immoral in the plaintiff's business affairs, (2) has a loathsome disease such as a venereal disease or leprosy, (3) is sexually promiscuous, (4) has committed a criminal act.

Defamation by Implication

Defendant uses the truth in a malicious manner and publishes their statement to a third party causing harm to a defendant's reputation

Conditional Privilege

When the defendant's communication was made in good faith with the proper motive