Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact.
If a defamation statement was originally broadcast by a company in the United States and was re-broadcast in the United Kingdom without the consent of the originator of the broadcast, the U.S. company may still be held liable in the United Kingdom court.
Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists.
The courts generally hold that landowners have a duty to protect individuals on their property.
When negligence per se applies, the plaintiff is required to show that a reasonable person would exercise a certain duty of care toward the plaintiff.
A plaintiff in a negligence suit may choose whether the plaintiff wishes pure comparative negligence or modified comparative negligence to be applied by the court.
According to the pure comparative negligence defense, a defendant must be more than 50% at fault before the plaintiff can recover.
Assumption of the risk is a doctrine which makes it easier for a plaintiff to prevail in a lawsuit.
To use the assumption of the risk defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.
Implied assumption of the risk occurs when the plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior.
The term "consideration" in relation to contracts involves parties acting in an ethical manner.
Whether a contract is bilateral or unilateral depends upon what response the offeror expects from the offeree.
Today, courts hold that once an offeree begins performance, the offeror must hold the offer open for a reasonable time to allow the offeree to complete the performance.
If a quasi-contract is imposed, the amount of damages for a breach is based upon the fair market value of any service provided to the defendant.
Any contract that is not a formal contract is an informal contract, also called a simple contract.
In the employer/employee context, the purpose of a covenant not to compete is to restrict what an employee may do after leaving a company.
An offer by a retailer to purchase seasonal goods from a wholesaler would not lapse sooner than an offer to purchase goods that could easily be sold all year long.
If the subject matter of an offer is destroyed, the offer terminates after 10 days or notice of the death to the offeree, whichever comes first.
If an offeree makes a mistake and sends an acceptance to the wrong address, there is an acceptance upon dispatch.
An "instructed authorization" occurs if the means by which an acceptance can be communicated to the offeror is expressly stated in the offer.
Under the Mailbox Rule, a valid contract has been formed if a rejection is dispatched, but before it is received, the acceptance is communicated to the offeror.
occur when the defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result
occur when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm
occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes
Intent needed for an intentional tort
the intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another
occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact
Intent needed for battery
a plaintiff may prove liability without having to demonstrate that the defendant intended to be offensive, but the plaintiff must establish harmful contact
The Communications Decency Act of 1996
gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others
when this exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim
under a conditional privilege, a party will not be held liable for defamation unless the false statement was made with
Politicians and entertainers
Which would generally be public figures for purposes of the public figure privilege to actions for defamation
behavior that creates an unreasonable risk of harm to others and involves the failure to exercise reasonable care to protect another's personal property
reasonable person standard
a measurement of the way members of society expect an individual to act in a given situation
the determination that the defendant's breach of duty resulted directly in the plaintiff's injury
the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions
why are punitive damages awarded?
to punish the offender and to deter others from committing similar offenses
contract law is said to be based on this, meaning that the existence and interpretation of the contract is based on the outward manifestations of intent by the parties
not relevant when determining whether a contract exists; rather, what is relevant is how they represented their intent through actions and words
if nothing is stated to the contrary in terms of an auction, an auction is presumed to be
if the seller is treated as making an offer to accept the highest bid, the auction is
the terms that allow a court to determine what the damages would be in the event that one of the parties breaches the contract
If a person wishes to ensure that an offer will in fact be held open for a set period of time, the person may do so by entering into this kind of contract
If an option contract exists
the administrator of an offeror's estate must hold an offer open until it expires in accordance with the contract
by performance or by a return promise
a way in which an oferee can manifest intent to enter into a bilateral contract