Intentional Torts & Business Torts. Ch8

Stephyyyy
Flashcards by Stephyyyy, updated more than 1 year ago
Stephyyyy
Created by Stephyyyy over 4 years ago
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2400 Business Law Flashcards on Intentional Torts & Business Torts. Ch8, created by Stephyyyy on 02/19/2016.
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Question Answer
Criminal Law Behavior classified as dangerous to society; prosecuted by the government whether the victim wants to prosecute or not; money award goes to government
Contract law based on breach of agreement between the two parties; victim sues and receives compensation or restitution
Tort Law violation of duty based on civil law. based on an obligation imposed by the law with no agreement needed between parties. Victim sues and receives composition or restitution
Intentional Torts does not necessarily require an intention to harm the victim, only an intention to perform the act which caused the injury. Includes business Torts.
Negligence Careless but capable. Careless meaning you didn't mean to do the action but you didn't check to see if it was safe
Strict Liability Liable regardless of state of mind. Hold you liable of any harm regardless whether you intended to or not
Defamation Involves a Defamatory statement that is false, uttered to a third person, and causes injury. opinion and privilege are valid defenses.
Four facts to win a defamation case 1. Defamatory statement 2. Falsity: statement is false 3. communicated: statement was communicated to someone other than the plaintiff 4. injury: the slander cases, the plaintiff must show injury that resulted from defamation
Slander per se Some statements are so harsh and potentially damaging that the plaintiff is assumed to be damaged and does not have to prove injury.
False imprisonment the restraint of someone against their will and without reasonable cause
shopkeepers privilege A store may detain a person suspected of shoplifting if there is reasonable bias for the charge and the detention is done reasonably. (private & for a reasonable time)
IIED / Intentional infliction emotional distress Meaning to cause harm.
Assault is an intentional action that causes the victim to fear an imminent battery
Battery Is an intentional touching of another person in a way that is unwanted or offensive
Trespass intentionally entering land that belongs to someone else or remaining after being asked to leave
Conversion Taking/using someones property w/o consent (civil law version of theft)
Fraud Injuring another person by deliberate deception (heightened pleading standard)
Wrongful death improper killing of another
Compensatory Damages money intended to restore a plaintiff to the position she was in before the injury
Punitive damages Damages intended to punish the defendant for conduct that is extreme or outrageous
Compensatory Damages include medical bills (past and future, including rehabilitation) damages to property pain and suffering (past and future)
Business Torts intentional torts that occur almost exclusively in a business setting are called business torts
Lanham Act broad protection against false statements intended to hurt another's business.
Tort A violation of a duty imposed by the civil law
malice public personalities can win a defamation suit only by proving actual malice
Damages compensatory damages are the normal remedy in a tort case. in unusual cases the court may award punitive damages, not to compensate the plaintiff but to punish the defendant
Tortious interference With business relation involves the defendant hearing an existing contract or prospective relationship that has a definite expectation of success
Lanham Act the Lanham act prohibits false statements in commercial advertising or promotion
Emotional Distress the intentional infliction of emotional distress involves extreme and outrageous conduct that causes serious emotional harm
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