Business Law 1

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Tort

Back 1

A wrong.
1. intentional torts
2. unintential torts (negligence)
3. strictliability
Tort damage-monetary damages
Punitive damages-awarded to punish the defendant.

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Intentional Tort

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a category of torts that Requires that the defendent possesed the intent to do the act that caused the plainftiff's injuries.

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Battery

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Unauthorized and harmful or offensive physical contact with another person. Direct physical contact is not necessary.
ex)if an injury results throwing a rock

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False Imprisonment

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The intentional confinment or restraint of another person without authority or justification and without that person's consent

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Merchant protection status

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Statutes that allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if (1) there are reasonable grounds for the suspicion. (2) suspects are detained for only a reasonable time and (3) investigations are conducted in reasonable manner.

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Tort of misappropriation of the right to publicity

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(Tort appropriation)
an attempt by another person to appropriate a living person's name or identity for commercial purposes.
ex)Brad Pitt's photo

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Defamation of character

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False statements made by one person about another. In court, the plaintiff must prove that (1)the defendent made an untrue statement of fact about the plaintiff and (2) the statement was intentionally or accidentally published to a third party.
publication simply means that a third person heard or saw the untrue statement.
ex)public figures, Disparagement-product disparagement, trade libel, slander of title

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Slander

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Oral defamation of character

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Libel

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A false statement that appears in a letter, newpaper, magazine, book, photograph, movie, video, and so on.
Radio, television-permenency media.
publication opinions-X
untrue statement-fact, truth

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Product disparagement

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False statements about a competitor's products, services, property, or buisiness reputation.

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Intentional misrepresentation

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Fraud, Deceit
The intentional defrauding of a person out of money, property, or something else of value.

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Intentional infliction of emotional distress

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The tort of outrage.
A tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emothinal distress to another person is liable for that emotional distress. Repeated annoyances or harassment coupled with threats-outrageous.

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Malicious presecution

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A lawsuit which the original defendant sues the original plaintiff. In the second lawsuit, the defendant then becomes the plaintiff and vise versa.
the original lawsuit was terminated in favor of the original defendant and suffered injury as a result of the original lawsuit.

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Trepass to land

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A tort that interferes with an owner's right to exclusive possesion of land.
Ownership itself-O
actual harm to the property is not necessary.
ex)a guest refuse to leave, one person builds a dam that causes another person's land to flood.

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Trespass to personal property

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A tort occurs when one person injures another person's personal property or interferes with that person's enjoyment of his or her personal property.
ex)breking another's car window

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Assault

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(1)The treat of immediate harm or offensive contact
(2)any action that arouses reasonable apprehension or imminent harm.
Actual physical contact is unnecessary
ex)be afraid-O, not afraid-X

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Conversion of personal property

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Depriving a true owner of the use and enjoyment of his personal property by taking over such property and excercising ownership rights over it.
ex)fails to return a borrowed car.

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Unintentional tort or Negligence

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A doctrin that says a person is liable for harm that is the foreseeable consequence of his actions.
(1)the defendant owed duty of care to paintiff
(2)breached this duty of care (3)suffered injury (4)act caused the injury.

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Negligence

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The omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do.

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Duty of care

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The obligatin we all owe each other not to cause amy unreasonable harm or risk of harm.
Measure against resonable personal standard, resonable professional standard

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Breach of the duty of care

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A failure to excercise care or to act as a reasonable person would act.
ex) action-throwing a lit match on the ground in the forest and causing a fire.
failure to act when there is a duty to act-firefighter refusing to put out a fire.

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Injury

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A plaintiff's personal injury or damage to his property that enables him to recover monetary damages for the defendant's negligence

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Actual case

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The actual cause of negligence. A person who commits a negligent act is not liable unless actual cause can be proven.
Also called causation in fact.

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Proximate cause

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A point along a chain of events caused by a negligent party after which this party is no longer leagally responsible for the consequences of his action.
Also called legal cause.

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Professional malpractice

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The liability of a professional who breaches his duty of ordinary case.

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Negligent infliction of emotional distress

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A tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct
ex)father sue for the death of his daughter.

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Negligence per se

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A tort in which the violation of a statue or an ordinance constitutes the breach of the duty of care.
ex)repair a damaged sidewalk-statue

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Res ipsa loquitur

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A tort in which the presumption of negligence arises becuase (1)the defendant was in exclusive cntrol of the situation and (2)the plaintiff would not have suffered injury but for someone's negligence.
The butden switches to the defendants to prove he was not negligent.
ex)airplaine crashes, falling elevator

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Good samaritan law

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A statue that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situation.
layerperson aren't protected.
ex)a doctor tried to help a victim and break his arm - O

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Dram shop act

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A statue that makes taverns and bartenders liable for injuries caused to or by partons who are served too much alcohol.

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Guest statue

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A statue that ptovides that if a driver of a vehicle voluntarily and without compensation gives a ride to another person, the dreiver is not liable to the passenger for injuries caused by the driver's ordinary negligence.

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Social host liability

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A rule that provides that social hosts are liable for injuries caused by guests who become intoxicated at a social function. States vary as to whether they have this rule in effect.

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Duty of ordinary care

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The duty an owner owes an invitee or a licensee to prevent infury or harm when the invitee or licensee steps on the owner's premises

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Duty not to willfully or wantonly injure

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The duty an owner owes a trespasser to prevent international injury or harm to the trespasser when the trespasser is on his premises

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Duty of utmost care

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A duty of care that goes beyond ordinary care and that says common carriers and innkeepers have a responsibility to provide security to their passengers or guests.

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Superseding event

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An event for which a defendant is not responsible. The dependant is not liable for injuries caused by the superseding or intervening event.
ex)golf ball + lightening

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Assumption of the risk

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A defense a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.
ex)race-car

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Contributory negligence

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A doctrin that says a plaintiff who is partially at fault for his own injury cannot recover against the negligent defendant.

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Comparative negligence

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A doctrin under which damages are apportioned according to fault.
1. pure comparative negligence (80%)
2. partial comparative ngligence (must be less than 50% responsible)

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Strict liability

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Liability without fault
ex)crop dusting, blasting, buring of fields, fumigation, storage of explosive, keeping of wild animals as pets.

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Intentional torts against persons

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Assault, Battery, False imprisonment, misappropriation of the right to publicity, invasion of the right to privacy, defamation character.

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Intentional torts against property

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1.trespass to land
2.trespass to and conversion of personal property

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liability of landowners

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1.invitees (mutual benefit, mailman) and licenses(for his own benefit, salespersons). – duty of ordinary care
2.Trespasser – not owe a duty of ordinary care
3.an owner doesn’t owe a duty not to willfully or wantonly injure a trespasser

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Defenses against negligence

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1.Superseding or intervening event
2.Assumption of the risk
3.Contributory negligence
4.Comparative negligence