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18 Cards in this Set

  • Front
  • Back
Elements of tort of negligence
1. a duty
2. harm cause do person or property of person through the breach of the duty
Steps of Negligence Tort
1. Establish if there is duty
2. Was the duty breached?
3. Was the breach the legal cause of injury
No liability (in tort) if...
1. proximate cuase annot be proven
2. intervening cause exists
Burden of Proof for Tort
Always on the Plaintiff
2 defenses to tort claims
1. caparative fault
2. assumption of risk (intentional or unreasonable exposure to obvious danger)
Kinds of Torts
1. Negligence (failure to exercise reasonable care)
2. Intentional
defendent intentionally creates a reasonable FEAR in plaintiff of imminent harm
Defendent intends to bring harm about through contact (you can have battery w/o assualt if hit without looking)
False Imprisonment
Defendent (1) intentionally confines or restrains plaintiff (2) to a bounded area (3) w/o justification (All 3 must be met)
Intentional Infliction of Emotional Distress
defendant committed and extreme act, defendent inteded to cause plaintiff to suffer emotionally, defendent actis did cuase mental anguish for plaintiff
defamatory language on the part of the defendant which is false and damaging to plaintiff
1. language concerning plaintiff
2. publicaiton of defamatory language to 3rd person
3. smage to reputation of plaintiff
4. in case of public figure - showing malice
Invasion of Privacy
appropriation by defendent of plaintiff's picture or name or other likeness for defendents commercial advantage
1 person was induced, by justifiable reliance on, the other party's misrep., of a material fact (and for Fraud - scienter)... there is no need for a contract (but same definition as contract)
Wrongful interference with a contract
1. valid contract exists
2. defendant knows that contract exists
3. defendant intentaionally cuases X to breach contract
(THEFT) - taking personal property, belonging to someone else, without owners permission
Casuation (negligence in tort)
1. Causation in fact: but for the defendant's breach, plaintiff injuries would not have occured
2. Proximate Cause: there must be a close enough connection between defendant's conduct and plaintiff's harm (there aren't too many dominoes between)
Comparative Negligence
court figures out what percentage of fault was plaintiff's and what was defendant's (Plaintiff only gets his percentage)
Assumption of risk
Plaintiff who voluntarily exposes himself to a known danger (assumed the risk and denied recovery from courts)