Karteikarten
Torts Chapter 7
Karten in diesem Stapel (46)
- 1What is tort law?civil action in which one person brings a personal lawsuit against another person
-involves private wrongs - 2Define Intentional tortdefendant must have intended the action which ultimately causes the harm
an evil or harmful motive is NOT required - 3unintentional torts (negligence)a defendants failure to exercise reasonable care
- 4Define strict liability tortsWhen a person undertakes an extremely hazardous activity and it is forseeable that injury could result from the activity the person will be held strictly liable for any injury that does result from the activity
-must still show causation - 5what are 2 examples of strict liability activitiesblasting and storage/transportation of ultra hazardous waste
- 6what is Products liability?an actor will be held liable for injuries caused by a product that contains a defect sufficient to make the product unreasonably dangerous to the consumer
- 7in a products liability tort who can the consumer sue?consumers can sue anyone/everyone in the chain of distribution
(delivery, design, manufacture, sale) - 8What are the 4 defects that give rise to the cause of action for product liability?1. defect in manufacture(product improperly assembled or tested prior to distribution)
2. Defect in design( e.g pinto gas tank)
3. Defect in packaging(e.g lack of child proof packaging)
4. failure to warn consumer about dangerous propensities (e.g. mcdonalds coffee case) - 9what are 4 things plaintiff must show in a products liability case1.defendant was engaged in the business of selling the product
2. defect existed when it left defendants hands
3. products reached consumer substantially unchanged AND
4. defect caused plaintiffs injury - 10What are the defenses available in products liability cases?1.General known danger
2.Government contractor defense
3. misuse of product
4.Supervening event - 11define Intentional tort: BATTERYharmful or offensive non-consentual contact with another
-contact may be direct or indirect
-contact need NOT cause injury
-need NOT show harmful or evil motive - 12give an example of batteryon a train platform swinging arms and knock someone over
- 13define intentional tort: ASSAULTthreat or reasonable apprehension of immediate harmful contact
-anticipation, need to know its coming
-verbal threats alone are NOT the tort of assault - 14define intentional tort: FALSE IMPRISONMENTdetention of a person against his will and without just cause
- there is no false imprisonment if plaintiff had a reasonable means of escape of which he was aware - 15define the intentional tort: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESSDEFENDANTS outrageous conduct causes plaintiff to suffer severe emotional distress
- 16give an example of intentional infliction of emotional distressTWA flight blew up and everyone died. The families had to wait 3 days to confirm if their family member was on the flight
- 17define the intentional tort: DEFAMATIONdefendant makes a false statement about plaintiff that damages plaintiffs reputation
-even if you think its true if you speak it and its not then defamation
has to be spoken to a 3rd party - 18define slanderspoken defamation
- 19define libelwritten defamation
- 20what is slander per seplaintiff need not prove damage to his reputation, the damage is accepted as matter of law
- 21what is slander per quodthe paintiff must prove damage
- 22explain libel per sethe statement is defamatory on it's face , no proof of damage to reputation required
- 23explain libel per quodplaintiff must prove damage to his reputation
- 24what are the DEFENSES for intentional tort DEFAMATION1.TRUTH: absolute defense
2.PRIVILEGE: statements made by lawyers and judges during trial and statement made by members of congress on the floor of congress
3. PUBLIC OFFICIALS: new york times v sullivan "actual malice test" - 25Explain actual malice testdefendant (1) KNEW that the statement was false OR (2) RECKLESSLY DISREGARDED the truth or falsity of the statement
-applies ONLY to public officials extended to public figures in other cases - 26define the intentional tort of INVASION OF PRIVACY-using plaintiffs picture or name for commercial advantage
-intrusion upon plaintiffs private affairs or seclusion
-publication of facts that place plaintiff in a false light
-public disclosure of private facts(sealed court documents, medical records) about plaintiff
TRUTH is NOT a DEFENSE for INVASION OF PRIVACY - 27define intentional tort of MALICIOUS PROSECUTIONVERY DIFFICULT TO PROVE
5 elements
-plaintiff in original lawsuit instituted lawsuit
-the original lawsuit was frivolous
-plaintiff brough original lawsuit with malice
-original lawsuit resolved in favor of defendant
-current plaintiff(original defendant) suffered damages - 28define intentional tort of FRAUDmisrepresentation of a material fact
-made with intent to induce the other to rely on the misrepresentation
-plaintiff justifiably relied on the misrepresented fact
-plaintiff suffered damages
-damages were caused by the misrepresented fact - 29define intentional tort of TRESPASSPHYSICAL invasion of someone else's land or air space
- 30what are the DEFENSES TO INTENTIONAL TORTS?-consent
(can be explicit or implied)
-PRIVILEGE (defense of self, defense of others, defense of property)
-NECESSITY(defense for trespass had to enter land for purpose of self protection)
TRUTH(not for invasion of privacy) - 31what are the 4 components of NEGLIGENCE (UNINTENTIONAL TORTS)1. DE
- 32explain negligence duty of caremost people we owe others a duty of "reasonable care"
- 33what is reasonable carerequires ordinary skill and care based upon the specific facts
-duty of care is owed only to foreseeable plaintiffs - 34Two Different standards oc care Negligence duty of care1. Common carriers owe their patrons a very high duty of care and therefore are liable for very slight negligence
2. Owners of businesses owe their customers a duty of making reasonable inspections of dangerous conditions that exist on the premises - 35what is breach of dutygenerally proved by showing that the defendant committed a particular act
- 36what is res ispa loquiturthe thing speaks for itself
when breach might be less evident
-injury does not ordinarily occur without someone be negligent
-injury was caused by a device solely within the control of the defendant
-plaintiff in no way contributed to his own injury - 37what is negligence actual causationcausation in fact
- 38what is the "but for test"the injury would not have occurred "but-for" defendants negligent act
defendants act began the chain of causation - 39what is proximate causation in negligencewas there an intervening superceding act that broke the chain of causation from defendants act to plaintiffs injury
- 40do you need to prove actual and proximate causation for negligence?yes
- 41what is proximate causation PALSGRAF STANDARDpalsgraf v. Long Island RR. If the injury is not a foreseeable result of defendants act then the defendant act cannot be the proximate cause of plaintiffs injury
-plaintiff must be within a zone of danger - 42negligence :damagesplaintiff must have suffered an injury (physical or financial)
- 43what are affirmative defenses for negligence :assumption of riskcommon law defense
-plaintiff will be denied recovery if he : had knowledge of danger/risk AND proceeded voluntarily in spite of the danger/risk
-risk can be assumed by express agreement or inferred by plaintiffs conduct
-plaintiff can only assume risk normally associated with the activity - 44negligence: affirmative defenses CONTRIBUTORY NEGLIGENCE-statutory defense
in states with true contributory negligence statutes a plaintiff cannot recover if they were at all negligent
NORTH CAROLINA - 45negligence : affirmative defenses comparative negligence (PA)statutory defense
in some states like pennsylvania a plaintiff can recover so long as he is less than 51% negligent - 46negligence: affirmative defenses comparative negligence-statutory defense
in other states the plaintiff can recover whatever percentage of damages that the jury attributes to the defendant
Informationen
- Beschreibung
- Karteikarten am Torts Chapter 7, erstellt von Ijeoma Okereke am 28/10/2014.
- Erstellt von
- Ijeoma Okereke
- Aufrufe
- 17
- Bewertung