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18 Cards in this Set
- Front
- Back
- 3rd side (hint)
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• Fraud Tort
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intentional misrepresentation of a material (important) fact justifiably relied upon by the injured party
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• Nuisance Tort
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unreasonable interference with a person’s right to use and/or enjoy his property.
(up to jury to decide if it’s a nuisance or not) |
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• Negligence Torts
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something done carelessly, not intentionally
Negligence can be based on doing something carelessly or failing to prevent something |
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1. Duty of Care
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everyone in society has a duty to be careful so that we don’t act in a way the injures others
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2. Breach (break) of Duty Care
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your carelessness conduct by you that will likely cause injury to someone else
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a. Can be an omission
• Ex. Running a red light (act that could injure someone) b. Or commission • Ex. failing to stop at a red light (act you should have done) |
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3. Casuation
Elemenents of negligent lawsuit |
your negligence causes victims injury
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4. Injury
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a. Most common form of negligence in lawsuits is with automobile accidents
b. Most requently sued retailer “wal-mart” |
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6. Types of Business negligence
a. Negligence in design |
accelerator got stuck)
• Ex. a plane’s engine fell because the wing was not designed with enough strength to hold the engine |
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6. Types of Business negligence
b. Negligence in Selection of Materials |
• Deals with choosing inferior materials
• This must lead to some sort of damage/wrong |
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6. Types of Business negligence
c. Negligence in Packaging |
• Includes failure to warn of dangers on the packaging
• Ex. if you get burned because your coffee was hot and you were not warned |
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6. Types of Business negligence
d. Negligence in quality control |
• Involves Testing and Inspection
• Failure to make sure your products are not defective • Can include not inspecting enough products or not having competent inspectors |
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6. Types of Business negligence
Retailing a. premises liability |
Premises liability - liable for your premises being safe
Negligent Securirty - Your premises have to be safe from attacks from other people |
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6. Types of Business negligence
Service a. professional malpractice |
• Act reasonably careful in your profession
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Duty of Care: Reasonable Person standard:
3 of them what are they? |
1. reasonable person
2. of ordinary prudence 3. Under like or similar circumstances *** how we decide what is negligent and what isn't |
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Duty of Care: Reasonable Person standard:
1. reasonable person |
- doesn't mean perfection
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Duty of Care: Reasonable Person standard:
2. of ordinary prudence |
ordinary everyday carefulness
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Duty of Care: Reasonable Person standard:
3. Under like or similar circumstances |
third party, time of day , weather and traffic
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Elemenents of negligent lawsuit
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1. duty of care
2. breach of duty of care 3. causation 4. injury |
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