Tort Law

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Tort Law
2010-11-12 20:04:35
Tort Law

Chapter 10 Tort Law
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  1. An element of negligence requiring reasonable care.
  2. A defense to negligence.
    Assumption of risk
  3. Civil wrong other than a breach of contract.
  4. Intentional misrepresentation of a material fact that is justifiably relied upon by someone to his or her injury.
  5. These tort damages may be awarded, in addition to compensation, to deter gross behavior.
  6. to enter another's land without consent or to remain there after being asked to leave
  7. Intentional unjustified confinement of a non-consenting person as in an alleged shoplifting situation
    False Imprisonment
  8. Workers' compensation laws provide benefits to employees who have this type of injury
  9. Imposes legal liability regardless of the intent or fault of the defendant.
    Strict liability.
  10. Employer is liable for employees's torts within scope of employment.
    • Respondeat superior (Latin: "let the master answer")
    • or Reasonable Behavior
  11. What are the four elements of negligence?
    • 1. Duty
    • 2. Breach of Duty
    • 3. Causation
    • 4. Damages
  12. What is negligence?
    Unreasonable behavior that causes injury.
  13. T or F
    Duty does not need to be est.
    False: Duty must be est for there to be an accusation of negligence.
  14. Who does malpractice apply to?
    • Professionals
    • doc's, lawyers, CPA's, architects, engineers
  15. What are intentional torts and what is intent?
    Torts involving deliverate actions that cause injury. Intent is the desire to bring about certain results.
  16. Invasion of privacy refers to what actions?
    It is illegal in america to reproduce and profit from a persons likeness.
  17. What are the types of intentional torts?
    • Assault and Battery
    • Intentional infliction of mental distress
    • Invasion of privacy
    • False imprisonment and malicious prosecution
    • Trespass
    • Conversion
    • Defamation
    • Fraud
    • Common Law Business Tort
  18. What is conversion and what does it deprive owners of?
    It's the wrongful exercize of dominion [power] and control over the personal [nonland] resources that belong to another. This action deprives owners of their lawful right to exclude others from such resource. Basically it means stealing.