Home > Preview
The flashcards below were created by user
on FreezingBlue Flashcards.
What are the 3 kinds of tort?
- strict liability
What is the purpose of the law of torts?
compensate victims of torts (wrongful conduct of another person)
place victim in the same economical position he/she was immediately prior to incident
What is intent?
desire to bring about the actual consequences of an action
knowing with substantial certainty that certain outcomes will result
What is battery (in tort law)?
intentional infliction of harmful, offensive or unwelcome bodily contact
What is assault (in tort law)?
intentional creation of a mental impression that an offensive or harmful bodily contact is about to occur
What are some defenses for assault and battery (in tort law)?
"good reasons" to excuse liability for it
- - consent (sex, sport)
- - self-defense
- - defense of others
- - defense of property
What is reasonable force?
equal or less force than oncoming
NOT knife vs. person attacking unarmed
What are the 4 categories of intentional tort?
- harm to the person
- harm to right of dignity
- harm to property
- harm to economic interests
What are the 2 kinds of harm to the person?
false imprisonment -- victim has to be aware of confinement
infliction of emotional distress -- extreme and/or outrageous conduct causing severe emotional distress (stalking, bullying, practical jokes...)
What is harm to the right of dignity?
- invasion of privacy
What are the 2 kinds of defamation?
slander -- oral/spoken
liable -- written/electronically transmitted
What is defamation?
false communication that causes injury to a person's reputation
What are the damages for defamation?
libel -- assumed, plaintiff does not have to show actual injury
slander -- plaintiff must prove actual injury
slander per se (allegation including loathsome disease, business improprieties, serious crime, woman is unchaste) -- assumed
What are some defenses to defamation?
- privilege (legal defense to what otherwise would be defamation)
What are the 3 kinds of privilege that apply to defamation?
absolute privilege -- stmts made in court, legislative debate, btwn spouses when alone
conditional privilege -- employee evaluation, letters of reference (not if improperly used/malice)
constitutional privilege -- stmt about public figure w/out malice
What is malice?
knowledge of falsity
reckless disregard for the truth (= bad faith, no research)
What are the 4 kinds of invasion of privacy?
appropriation -- use of another's name, characteristics, voice, catch phrase etc. for commercial purposes w/out that person's consent
intrusion -- unreasonable and highly offensive interference with a person's solitude or seclusion (when expectation of privacy exists)
public disclosure of private facts -- offensive publicity of private information (in the media, let public "at large" know)
false light -- offensive and false publicity about another
What are the 2 kinds of harm to property?
- harm to real property
- harm to personal property
What are the 2 kinds of harm to real property?
trespass -- physically enter or cause anything to enter onto, above, or below the surface of another's land w/out permission or remain or permit to remain w/out permission
nuisance -- non-trespass invasionn of another's interest in use and private enjoyment of land (noise, pollution)
What are the 2 kinds of harm to personal property?
trespass -- intentional interference with another's use or enjoyment of personal property w/out consent or privilege
conversion -- type of trespass, changing condition of property or property cannot be returned
What are the 3 kinds of harm to economic interests?
wrongful interference with a contractual relationship -- knowledge about contract, inducing one party to breach, benefiting from breach
disparagement -- intentional or reckless publication of false information injuring a person's economic interests
fraudulent misrepresentation -- false stmt of fact, made with intent to deceive, which other party relies on
What are the 2 kinds of disparagement?
slander of quality -- false allegations about the quality
slander of title -- false allegations about ownership
What is the tort reform?
- movement to restrict tort liability, efforts to legislate changes in tort law
- lowering awards of punitive damages, medical malpractice, and pain & suffering awards