Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
55 Cards in this Set
- Front
- Back
|
What are all forms of civil liablility are?
|
voluntarily assumed, as by contract, involuntarily assumed, as imposed by law
|
|
|
What does tort law do?
|
gives persons redress from civil wrongs or injuries to their person, property, and economic interest.
|
|
|
What are examples of Tort Wrongs
|
assault and battery, automobile accidents, professional malpractice, and products liabilty
|
|
|
What are the three principle objectives?
|
to compensate persons who sustain harm or loss resulting from another's conduct. to place the cost of that compensation only on those parties who should bear it. to prevent future harms and losses.
|
|
|
A tort is committed when?
|
A duty owed by one person to another is breached and proximately causes injury or damages to the owner of a legally protected interest.
|
|
|
What is the primary purpose of tort law?
|
is to compensate the injured party, not to punish the wrong doer.
|
|
|
Can courts award punitive or exemplary damages?
|
Yes, 'in some cases a defendant's tortuous conduct has been exhibiting intentional or, in some states, reckless and outrageous exhibiting malice or a fraudulent or evil motive.
|
|
|
What is tort reform?
|
limiting liability by restricting damages or narrowing claims
|
|
|
What is intent?
|
does not required a hostile or evil motive; rather, the term denotes either that the actor desires to cause the consequences of his act or that he believes that those consequences are substaintially certain to result from it.
|
|
|
section 870 a catch all for the restatement provides what intentional tort under "Intent" pg 125?
|
one who intentionally causes injury to another is subject to liability to the other for that injury, if his conduct is generally culpable and not justifiably under the circumstances.
|
|
|
what does the law provide protection against intentional harm to the person?
|
they provide to the primary interest proctected by these torts are freedom of bodily contact. intentional to the person entitle the injured party to recover damages for bodily harm, emotional distress, loss or impairment of earning capacity etc
|
|
|
what is the definition of battery?
|
intentional infliction of harmful or offensive bodily contact. It can be as serious as a gun shot wound or as minor as knocking off a hat or flicking a glove in ones face.
|
|
|
What is the definition of assault?
|
intentional conduct by one person directed at another that places the other in apprehension or imminent bodily harm or offensive contact.
|
|
|
What are the damages for assult?
|
may include compensation for fright and humiliation. they must have knowledge of the danger and be taken in context
|
|
|
What is the tort for false imprisionment or false arrest?
|
the intentinonal confining of a person against her will within fixed boundaries if the person is conscious of the confinement or is harmed by it.
|
|
|
What damages can they claim for false imprisonment?
|
compensation of loss time, physical discomfort, inconvenience, physical illness, and mental suffering.
|
|
|
What is infliction of emotional distress?
|
one who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another.
|
|
|
What is the definition of recklessness?
|
a conduct that evidences a conscious disregard of or an indifference to the consequences of the act committed.
|
|
|
What is "Harm to the right of Dignity?
|
This protection includes a person's reputation, privacy, and right to freedom from unjustifiabe litigation.
|
|
|
What is defamation?
|
This is a false communication that injures a person's reputation by disgracing him and diminishing the respect in which he is held.
|
|
|
What is the definition of Libel under harm to the right of dignity?
|
If defamatory communication is handwritten, typewritten, printed, pictorial, such as radio, tv
|
|
|
What is the definition of slander under harm to the right of dignity?
|
if the defimation is oral or spoken.
|
|
|
What are defenses to defamation?
|
privilege is immunity from tort liability granted when the defendant's conduct furthers a societal interest of greater importance than the injury inflicted upon the plaintiff.
|
|
|
What are the three types of privilege to the defense of defamation?
|
it requires complete freedom of speech 1) statements made by participants in a judicial proceedings 2) statements made by members of congress on the floor of congress by members of the state and local legislative bodies 3) statements made by certain executive branch officers in the discharge of their gov't duties 4) statements regarding a third party made between spouses when they are alone
|
|
|
What is a conditional privilage under defenses to defemation?
|
the public official or public figure must prove that the defendant published the defamatory and false comment with knowledge or in reckless disregard of the comment's falsity and it defamatory character.
|
|
|
What is constitutional privilege under defenses to defamation privilege?
|
the defendant published the defamatory and false comment with knowledge or in reckless disregard of the comment's falsity and its defamatory character
|
|
|
what are the four distinct torts to invasion of privacy?
|
1) appropriation of a person's name or likeness 2) unreasonable intrusion upon the seclusion of another 3) unreasonable public disclosure of private facts 4) unreasonable publicity that places another in a false light in the public eye.
|
|
|
What is appropriation under defenses of defamation?
|
the unauthorized use of the plaintiff's name or likeness for the defendant's benefit.
|
|
|
What is the right of publicity?
|
it seeks to protect the individual's right to the exclusive use of his identity
|
|
|
what is intrusion under harm to dignity?
|
is the unreasonable and highly offensive interference with the solitude or seclusion of another.
|
|
|
what are examples of unreasonable interference under Harm to the right of dignity?
|
improper entry anothers dwelling, unauthorized eavesdropping upon another's private conversations and unauthorized examination of another's private papers or records.
|
|
|
what defines public disclosure of private facts under harm to the right of dignity?
|
the courts impose liability for publicity given to private information about another if the matter made public would be highly offensive and objectionable to a reasonable person.
|
|
|
What is "False Light" under harm to the right of dignity?
|
it imposes liability for publicity that places another in false light that is highly offensive if the defendant knew or acted in reckless disregard of the fact that the matter publicized was false.
|
|
|
What are the defense under harm to the right of dignity?
|
the defenses of absolute, conditional, and constitutional privilege apply to publication of any matter that is an invasion of privacy to the same extent that such defenses apply to defamation.
|
|
|
What are the three torts of misuse of legal procedure under harm to the right of dignity?
|
malicious prosecution, wrongful civil proceedings, and abuse of process. each protects an individual from being subjected to unjustifiable litigation
|
|
|
What is harm to property?
|
protection against invasions of a person's interests in property, intentional harm to property.
|
|
|
what are examples of harm to property?
|
trespass to real property, 2) nuisance 3) trespass to personal property, and 4) conversion
|
|
|
what are real property under harm to property?
|
is land and anything attached to it, such as buildings, trees, and minerals.
|
|
|
What is trespass under harm to property?
|
one is subject to liability to another for trespass, irrespective of whether he thereby causes harm to any legally protected interest of the other.
|
|
|
what is intentional in tresspass under harm to property?
|
a) enters land in the possession of the other, or causes a thing or a third person to do so, or b) remains on the land or c) fails to remove from the land a thing which he is under a duty to remove.
|
|
|
What is nuisance under harm to property?
|
is a nontrespassory invasion of another's interest in the private use and enjoyment of land.
|
|
|
what are examples of nuisance under harm to property?
|
the emission of unpleasant odors, smoke, dust, or gas, as well as the pollution of stream, pond, or underground water supply.
|
|
|
what is personal property under harm to property or chattel?
|
is any type of property other than an interest in land.
|
|
|
What is trespass under harm to property?
|
trespass to personal property consists of the intentional dispossession or unauthorized use of the personal property of another.
|
|
|
what is the liability limited to instances under harm to property?
|
1) dispossess the other of the property 2) substantially impairs the condition, quality or value of the property. 3) deprives the possessor of the use of property for a substantial time 4) causes harm to the possessor or to some person, or thing
|
|
|
What is nuisance under harm to property?
|
is a nontrespassory invasion of another's interest in the private use and enjoyment of land.
|
|
|
what are examples of nuisance under harm to property?
|
the emission of unpleasant odors, smoke, dust, or gas, was well as the pollution of stream, pond, or underground water supply.
|
|
|
what is personal property under harm to property?
|
or chattel, is any type of property other than an interest in land.
|
|
|
What is trespass under harm to property?
|
trespass to personal property consists of the intentional dispossession or unauthorized use of the personal property of another.
|
|
|
what is the liability limited to instances under harm to property?
|
1) dispossess the other of the property 2) substantially impairs the condition, quality or value of the property. 3) deprives the possessor of the use of property for a substantial time 4) causes harm to the possessor or to some person, or thing
|
|
|
What is harm to economic interest?
|
a person's existing and prospective contractual relations, a person's business reputation, a person's name and likeness and a person's freedom from deception.
|
|
|
What are the three torts that protect a person's economic interest are?
|
1) interference with contractual relations 2) disparagement 3) fraudulent misrepresentaion.
|
|
|
What is disparagement under harm to economic interest?
|
the tort of disparagement or injurous falsehood imposes liability upon a person who publishes a false statement that results in harm to another's interests which have pecuniary value, if the publisher knows that the statement is false or act in reckless disregard of it's truth or falsity.
|
|
|
What is fraudulent misrepresentation under economic interest?
|
one who fraudulently makes a misrepresentation of fact, opinion, intention, or law for the purpose of inducing another to act or to refrain from action in reliance upon it.
|
|
|
What are the defenses to intentional torts?
|
self-defense, defense of property, defense to others. in addition, the plaintiff's consent to the defendant's conduct is a defense to intentional torts.
|
