Chapter 5

Card Set Information

Chapter 5
2012-02-21 16:06:51
Business Law

Intentional torts Torts & Negligence
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  1. Tort
    a wrong. 3 categories:

    • Intentional Torts
    • Unintentional Torts (Negligence)
    • Strict Liability
  2. Tort Damages
    monetary damages sought out by offended party. Injury may consist of

    • medical expenses
    • loss of wages
    • pain and suffering
    • mental distress
  3. Wrongful Death Action
    victim dies, their beneficiaries can bring a wrongful death action to recover damages from defendant
  4. Intentional Torts
    a category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff's injuries categories include:

    • assault
    • battery
    • transfered intent doctrine
    • tort of appropriation
    • Invasion of Right to Privacy
    • Defamation of Character
    • Intentional misrepresentation
    • Intentional Infliction of Emotional Distress/tort of outrage
  5. Assault
    • 1.) the threat of immediate harm of offensive contact
    • 2.) any action that arouses reasonable apprehension of imminent harm (scary man makes a fist and threatens to touch you) has to be threatening person
  6. Battery
    • Indirect or direct harm towards another person. Has to cause injury to be considered battery
    • Can be throwing a rock, or poisoning a drink.
  7. Transfered intent doctrine
    a person that has the intent to injure one person but actually injures another. Under this doctrine the law transfers the perpetrators intent from the target to actual victim, allowing the victim to sue.
  8. False imprisonment
    the intentional confinement or restraint of another person w/o authority or justification and without the persons intent.

    Has to be no available exists from the person to escape.
  9. Tort of appropriation
    An attempt by another person to appropriate (use) a living person’s name or identity for commercial purposes.

    In such cases plaintiff can:

    • recover the unauthorized profits
    • obtain an injunction preventing unauthorized use of their name
  10. Invasion to the right of privacy
    each person's right to live his or her life w/o being subkect to unwarranted and undesired publicity

    • ex: taking a picture of someone when they are in the locker room
    • Sending a card to someone in someone elses name
  11. Defamation of Character
    • defendant made and untrue statement of fact about plaintiff
    • and they intentionally or accidently "published" told a third party
  12. Slander
    verbal (defamation)
  13. liable
    written (defamation)
  14. Intentional Misrepresentation
    intentional defrauding of a person out of money property or something of value (known as fraud/deceit)

    • 1.) False/ Factual Statement
    • 2.) Knowledge of its falsity, or reckless disregard
    • 3.) Intent to induce reliance
    • 4.) Actual Reliance
    • 5.) Harm (not have to be physical)
  15. Intentional Infliction of Emotional Distress/tort of outrage
    A tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for that emotional distress. Also known as the tort of outrage.

    an annoyance, rough language, or an occasional inconsiderate or unkind act does not constitute outrageous behavior. However, repeated annoyances or harassment coupled with threats are considered outrageous.

    ex: Shame, humiliation, embarrassment, anger, fear, and worry constitute severe mental distress.
  16. malicious prosecution
    A lawsuit in which the original defendant sues the original plaintiff. In the second lawsuit, the defendant becomes the plaintiff and vice versa.
  17. Trespassing
    interfers owners rights to exclusive possession. Borrowing something for too long.
  18. Conversion
    Intentionally taking of another property w/o returning it (stealing) defendant must pay fair value of item if found guilty for conversion
  19. Unintentional Torts (Negligence)
    A lawsuit in which the original defendant sues the original plaintiff. In the second lawsuit, the defendant becomes the plaintiff and vice versa.

    Must Prove all of these:

    • 1. The defendant owed a duty of care to the plaintiff.
    • 2. The defendant breached this duty.
    • 3. The plaintiff suffered injury.
    • 4. The defendant’s negligent act was the actual cause ( or causation in fact) of the plaintiff ’ s injuries.
    • 5. The defendant’s negligent act was the proximate cause ( or legal cause) of the plaintiff ’ s injuries. The defendant is liable only for the foreseeable consequences of his or her negligent act.
  20. duty of care
    The obligation people owe each other not to cause any unreasonable harm or risk of harm.

    Reasonable persons standard

    ex: duty to drive carefully
  21. Reasonable Person Standard
    Used when figuring out duty of care:

    courts attempt to determine how an objective, careful, and conscientious person would have acted in the same circumstances and then measure the defendant’s conduct against that standard.
  22. A failure to exercise care or to act as a reasonable person would act.
    ex: throwing a lit match in a forest
    breach of the duty of care
  23. injury/ (causation)
    A plaintiff’s personal injury or damage to his or her property that enables him or her to recover monetary damages for the defendant’s negligence.

    ex: basketball player injures hand on train gain more money because hand is valuable to his career and he makes alot of money but other people suing wont get as much because don't make the same amount and hand is not as valuable to career.
  24. actual cause
    The actual cause of negligence. A person who commits a negligent act is not liable unless actual cause can be proven. Also called causation in fact

    ex: suing for negligence The actual cause of negligence. A person who commits a negligent act is not liable unless actual cause can be proven. Also called causation in fact. b/c plantiff died, but negleient act did not actuall cause death than actual cause can not be proven and plantiff loses case.
  25. Proximate Cause
    The general test of proximate cause is foreseeability. A negligent party who is found to be the actual cause— but not the proximate cause— of the plaintiff ’ s injuries is not liable to the plaintiff.
  26. professional malpractice
    The liability of a professional who breaches his or her duty of ordinary care.

    ex: doctor amputates wrong leg
  27. Negligent infliction of emotional distress
    • 1.) Relative injured/killed
    • 2.) severe emotional distress
    • 3.) Must of observed injury take place

    ex: son killed in car accident mother had server emotional distress but could receive recovery because she did not see the act take place.
  28. Defenses Against Negligence
    defendant in a negligence lawsuit may raise several defenses towards imposing liability

    • 1.) Superseding Intervening Event
    • 2.) Assumption of the Risk
    • 3.) Contributory Negligence
    • 4.) Comparative Negligence
  29. Superseding or intervening event
    an event for which the defendant is not responsible for injury because their was a superseding intervening event that took place that cause actual injury

    ex: golf player.
  30. assumption of the risk
    A defense a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.

    ex: football player assumes risk of injuries
  31. COntributory Negligence
    plaintiff also negligent their injury cannot be recovered (partially at fault)

    at least 1 %
  32. Comparative negligence/fault
    many states replaced doctrine of contributory negligence with comparative. Here damages are apportioned according to fault .

    Pure: if plaintiff has any fault reduce that fault from the award from case. ex: plaintiff is 30% at fault and defendant is 70% palintiff would only get 70 % of the earnings

    Partial: if plaintiff is more than 50% at fault no recovery
  33. Strict liability
    Liability w/o fault.