Business Law Chapter 6-7

Front 1

Prima Facie Case

Back 1

Plaintiff has to prove elements of a tort: Intent, Tort Definition, Causation, Damages

Front 2

When are punitive damages awarded?

Back 2

Only in intentional torts. Negligence is not an intentional tort.

Front 3

Intent

Back 3

Defendant desires or is substantially certain the elements of the tort will occur. You can intend the action that will make injury likely.

Front 4

Transferred Intent

Back 4

Intent can be transferred between torts + victims

Front 5

Mistake Doctrine

Back 5

Still liable even if horribly mistaken

Front 6

Torts Against Individuals

Back 6

Battery, Assault, False Imprisonment, Intentional Infliction of Emotional Duress, and Defamation.

Front 7

Battery

Back 7

Battery occurs when defendants act intentionally to cause harmful or offensive contact with the victim's person.

Front 8

Assault

Back 8

Assault occurs when the defendant's acts intentionally cause the victim's reasonable apprehension of immediate harmful or offensive contact.

Front 9

False Imprisonment

Back 9

Defendant unlawfully acts to confine or restrain the victim.

Front 10

Intentional Infliction of Emotional Distress

Back 10

Occurs when intentional conduct results in extreme distress

Front 11

Defamation

Back 11

Slander(Oral) vs Libel(Written). Plaintiff must prove it was defamatory. Holds plaintiff up to scorn, ridicule, deters others from associating with plaintiff. Must be "published." Shows damages - slander per se (presumed damages). Communications that directly call into question the plaintiff's competence to perform adequately in her trade of profession. Statements claiming loathesome disease or lack of virginity.

Common Law defenses: truth. Privilege: Relevant statement made in court.

Front 12

Slander

Back 12

Oral defamation

Front 13

Libel

Back 13

Written defamation

Front 14

Court Procedure

Back 14

Complaint>Summons>Answer>Reply

Front 15

Torts Against Property:

Back 15

Trespass to Lands, Trespass to Chattels, Conversion

Front 16

Trespass to Lands:

Back 16

Physical invasion of the plaintiff's real property by defendant. Must draw connection to damages-- IE noise isn't enough.

Front 17

Trespass to Chattels:

Back 17

Intentional interference with the right of possession of personal property. Defendant's acts must intentionally damage chattel, deprive possessor of use for a substantial period of time, or totally dispose the chattel from the victim.

Front 18

ALL WORDS IN LAW REFERENCE A TEST

Back 18

ALL WORDS IN LAW REFERENCE A TEST

Front 19

Negligence

Back 19

Prima Facie Case. Elements of negligence. Existence of a duty on the part of the defendant to conform to a specific standard.

Front 20

Duty of Care

Back 20

General duty of care- to whom the duty of care owed. Must act reasonable and prudent

Front 21

Standard of care

Back 21

Defendant's conduct compared to reasonable prudent person. Objective standard. Physical characteristics, mental ability, and knowledge do not matter.

Front 22

Particular Standards of Conduct

Back 22

Different from "general standards of care." Professional compared to other professionals. Children under 6 years incapable of negligence, but treated as adults when operating mechanized vehicles. Common carriers (bus driver, plane pilot...)
Emergency techs.

Front 23

Negligence per se:

Back 23

Presumption of negligence when society doesn't permit an action. Plaintiff's job to prove they weren't negligent. [IE: Texting while driving.] Plaintiff need defendant to explain themself. Statutes create duty.

Front 24

Effect of Excuse for Violation:

Back 24

Compliance would be more dangerous. IE: Crossing a double yellow line to avoid hitting a child.

Front 25

Breach of Duty:

Back 25

If defendant's conduct falls short of that level required by the applicable standard of care owed to plaintiff, duty is breached.

Front 26

"But For" Test

Back 26

An act or omission wouldn't have occured "but for" the action.

Front 27

Joint Cause

Back 27

Substantial factor sufficient

Front 28

Alternative Cause

Back 28

Two negligent parties unclear who caused it

Front 29

Proximate Cause:

Back 29

Defendant is generally liable for results that are the normal incidence of and increased risk caused by act.

Front 30

Sever Harm:

Back 30

Defendant takes victim as they find them, liable for all damage despite unusual susceptibility.

Front 31

Negligence Damages:

Back 31

Personal Injury (past, present, prospective), property damage.

Defenses: Comparative fault- amount of plaintiff's damages reduced by their own fault in it.