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25 Cards in this Set
- Front
- Back
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What is a tort?
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a tort is a civil wrong, purpose of tort law is to compensate for those who have suffered
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Intentional tort
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the person intends to commit an act; interfere with personal or business interests of another; even without evil motive, if injurt results
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Examples of Intentional torts
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assault and battery, false imprisonment, intentional infliction of emotional distress, defamation, invasion of the right to privacy, appropriation, and fraud
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assault
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an act that causes apprehension or fear, of immediate harmful or offensive contact
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battery
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the completion of the assault if it results in harm to the plantiff. contact without consent.
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false imprisonment
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intentional confinement, or restraint without justification. unless there is probable cause for the confinement, it has to be within a reasonable amount of time.
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Infliction of mental stress
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extreme and outrageous conduct resulting in severe emotional distress. Physical symptoms, ex. auto accident mom, or aids
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Invasion of right of privacy
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intentinal invasion of a persons right to be left alone. ex pictures w/o consent.
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defamation
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hurting a persons reputation, libel-written, slander-orally, false statements, statement of opinion not actionable, but of fact are. doesn't work in privacy, slander-have to prove special damages-public figures-have to be made with "malice" newspapers are qualified
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disparagement of goods
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false statements made about anothers business product , defamaing ex coke or pepsi
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fraudulent misrepresentation
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fraud, intentional deceit, and knowledge of the falsity that results in damages. a justifiable reliance on the misrepresentation by the decieved party.
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Intentional tortst against property
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tresspass to land, conversion,nuisance
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tresspass to land
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a person w/o permission enters onto , above, or below, the surface of land, that is owned by another.causes anything to enter onto the land, or remains on the land,
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tresspass to personal property
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the intentional interference with an owners right to use possess, or enjoy, his or her personal property w/o the owners consent.
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conversion
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when personal property is taken from the rightful owner, or possessor w/o permission, and placed, in the service of another.ex.
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Nuisance
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Improper activity that interferes with anothers use and enjoyment of his or her property
ex smoking, parties |
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disparagement of property
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an economically injurious falsehood that is made about anothers product or property, slander of title.
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Negligence -unintentional torts
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Not being careful, requires fault elements, no risk plaintiff must prove:
1. Breach of legal duty 2. Injury or damages 3. causation |
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actual cause
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failure to stop- result
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proximate cause
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foreseeability, result
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compensatory damages
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compensation- medical expenses, lost wages, and benefits
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punitive damages
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intended to punish the wrongdoer
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Defense of Negligence
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intervening forces, assumption of risk, contributory or comparative negligence
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assumption of risk
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a plaintiff who voluntarilly enters into a risky situation knowning the risk involved will not be allowed to recover. or cannot assume the risk of an employer's violation of safety for the benefits of the employees
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contributory negligence
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no matter how insignificant
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