Business Law Ch. 8

Front 1

Tort

Back 1

A civil wrong. A breach of legal duty that proximately causes harm or injury to another

Front 2

Purpose of tort law (4)

Back 2

1. To compensate those who have suffered injuries as a result of the wrongful conduct of others
2. Individuals have a right to be safe in their physical person
3. Having your real and personal property protected
4. Protects intangibles such as privacy, reputation and dignity

Front 3

Assault

Back 3

Any wor or action intended to make another person fearful of immediate physical harm. Has to be reasonably believable threat. Also includes offensive contract (which is gauged by a 'reasonable person' standard)

Front 4

Battery

Back 4

The completion of the act itself - The unpriviledged, intentional touching of another

Front 5

Defenses of torts

Back 5

Consent, self-defense, defense of other of defense of property

Front 6

False imprisonment

Back 6

The intentional confinement or restraint of another person's activities without justification

Front 7

Privledge to detain

Back 7

In some states if a merchant has 'probable cause' to suspect that someone will shoplift, they are justified to detain a suspect shoplifter of a reasonable amount of time

Front 8

Infliction of emotional distress

Back 8

Extreme and outrageous conduct that causes another to feel in such a way.

Front 9

Defamation

Back 9

Anything that causes injury to another person's good name, reputation or character

Front 10

Slader; Libel

Back 10

Slander - Oral defamation
Libel- Written defamation

Front 11

Four types of slader per se

Back 11

1. A statement that another has a loathsome communicable disease
2. A statement that another has committed improprieties while engaging in a profession or trade
3. A statement that another has committed or has been imprisoned for a serious crime
4. A statement that a woman is unchaste.

Front 12

Defense to defamation

Back 12

The truth is an absolute defense

Front 13

Four acts of invasion of privacy

Back 13

1. Tort of appropriation
2. Intrusion in an individuals affairs or seclusions (invading someone's home)
3. Publication of information that puts someone in false light
4. Public disclosure of private facts about an individual that an orginary citizen would find objectionable

Front 14

Appropriation

Back 14

Using another person's name, likeness or other identifying characteristic, w/o permission and for the benefit of the user.

Front 15

Five elements of fraud

Back 15

1. Misrepresenation of facts (or reckless disregard for the truth)
2. Intent to induce someone else to rely on the misrepresentation
3. Justifiable reliance by the party who was deceived
4. Damages suffered
5. Causal connection between the mirepresenation and the injury

Front 16

Puffery

Back 16

Exaggerated claims of opinion

Front 17

Wrongful interference with a contractual relationship

Back 17

A valid contract exists, third party knows it exists, and a third party intentionally causes one of the two parties to breach the contract

Front 18

Intentional torts against property

Back 18

Real property - land and things perminently affixed to the land

Personal property - all other items which are basically moveable

Front 19

Trespass to land

Back 19

When a person enters another peron's land without permission. Actual harm to the land is not needed

Front 20

Trespass to personal property

Back 20

The unlawful taking or harming of another person's personal property - interfernce with another person's right to the exclusive possession of his personal property

Front 21

Conversion

Back 21

Depriving an owner of personal property without owner's permission and without just cause. The intial taking of the property is respass, the retention of that property is conversion.

Front 22

Unintentional torts (negligence)

Back 22

The failure to exercise the care that a reasonable person would exercise under a similar circumstance

Front 23

Elements of negligence

Back 23

1. Duty - did the defendent owe a duty of care to the plantiff
2. Breach - did the defendent breach that duty?
3. Did the plantiff suffer a legally recognizable injurty as a result of the breach of duty?
4. Causation - did the defendent's breach cause the plantiff's injury?

Front 24

Landowners and negligence

Back 24

Expected to use reasonable care to protect person's coming onto their property from harm (serving alcohol)

Front 25

Business negligence

Back 25

Retail owners must warn patrons of forseeable risks about which the store knew or should have known (slip n fall cases)

Front 26

Proximate cause

Back 26

The connection between the act and the injury must be strong enough to justify imposing liability

Front 27

Defenses to negligence

Back 27

1. Assumption of risk
2. Contributory negligence
3. Comparative negligence

Front 28

Assumption of risk

Back 28

did the plantiff voluntarily enter into the risky situation, knowing the risk was involved?

Front 29

Contributory negligence

Back 29

Was the plantiff also negligent? Contributory is an absolute bar to recovery

Front 30

Comparative negligence

Back 30

Computer the ngeligence of both the defendent and the plantiff and the distribute liability for damages accordingly

Front 31

res ipsa loquitor

Back 31

"the facts speak for themselves" (piano second story example)

Front 32

negligence per se

Back 32

If an individual violates a statue or ordinace providing for a criminal penalty and that violation causes another person to be injured

Front 33

good samaritan statues

Back 33

Person who rescues or provides emergency services to others in peril cannot be sued for negligence, unless they act recklessly

Front 34

social host issues

Back 34

In some states, statues impose liability on social hosts (those persons hosting the party) for injurties caused by guests who became intoxicated at the hosts' homes