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An element of negligence requiring reasonable care.
A defense to negligence.
Assumption of risk
Civil wrong other than a breach of contract.
Intentional misrepresentation of a material fact that is justifiably relied upon by someone to his or her injury.
These tort damages may be awarded, in addition to compensation, to deter gross behavior.
to enter another's land without consent or to remain there after being asked to leave
Intentional unjustified confinement of a non-consenting person as in an alleged shoplifting situation
Workers' compensation laws provide benefits to employees who have this type of injury
Imposes legal liability regardless of the intent or fault of the defendant.
Employer is liable for employees's torts within scope of employment.
- Respondeat superior (Latin: "let the master answer")
- or Reasonable Behavior
What are the four elements of negligence?
- 1. Duty
- 2. Breach of Duty
- 3. Causation
- 4. Damages
What is negligence?
Unreasonable behavior that causes injury.
T or F
Duty does not need to be est.
False: Duty must be est for there to be an accusation of negligence.
Who does malpractice apply to?
- doc's, lawyers, CPA's, architects, engineers
What are intentional torts and what is intent?
Torts involving deliverate actions that cause injury. Intent is the desire to bring about certain results.
Invasion of privacy refers to what actions?
It is illegal in america to reproduce and profit from a persons likeness.
What are the types of intentional torts?
- Assault and Battery
- Intentional infliction of mental distress
- Invasion of privacy
- False imprisonment and malicious prosecution
- Common Law Business Tort
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.