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Terms in this set (55)
a wrongful act or an infringement of a right (other than breach of contract) against a person or his property
what kind of law are torts?
property damage, trespassing, damage to your person
Example of tort?
-to compensate innocent victim
-civil action (private lawsuit between 2 private entities)
Purpose of tort law?
person who commits tort
What is a tortfeasor?
two or more people who commit a tort
What is a joint tortfeasor?
take your victim as you find them, if your victim is frail, you take responsibility of what happens (all natural probable consequences)
What is eggshell theory?
sue as many defendants as your can, especially ones who have the most money, so you have best chance of receiving your money
What is deep-pocket theory?
someone enters onto your estate without your permission
Trespass to land?
(intentionally taken) personal property changing so you can no longer return it
Trespass to personal property?
real property-activity that interferes with the enjoyment of your neighbors property
unintentional, must prove all 4 elements to claim
1. duty of care
2. breach of duty of care
4. injury, detriment, or damage
What are the 4 elements of negligence?
relationship where plaintiff owed defendant
Duty of care?
measure plaintiff against the "reasonable man", if fall short there is a breach
Breach of care?
must be caused by the breach of the duty of care
the case that developed the proximation theory
Palsgraf v. long island railroad
actual and proximate cause
2 types of causation?
the determination that the defendant's breach of duty resulted directly in the plaintiff's injury
exists when the connection between an act and an injury is strong enough to justify imposing liability.
once plaintiff sues for negligence, you can then counter with affirmative defense
When does an Affirmative Defense happen?
plaintiff requires nothing, they can get compensation because they can prove negligence
allows the plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff
Last clear chance doctrine?
if both sides can prove negligence, the plaintiff can get some compensation
-assumed risk (plaintiff gets nothing)
(ex- getting hit with a ball at a baseball game)
Assumption of the rist doctrine?
1. slight (failure to exercise extreme care)
2. ordinary negligence (fails to exercise ordinary care)
3. gross negligence (failure to do anything the reasonable man would do)
Degrees of negligence?
1. preponderance of evidence standard (reason of doubt in tort cases)
2. negligence (commit tort on accident)
3. intentional tort (on purpose)
3 theories of tort liability?
dangerous action, party in charge of that action is liable for victim
Strict liability theory?
placing the victim intentionally in reasonable apprehension or immediate harm
unprivileged contact with another person
intentional conduct that greatly upsets the victim (must be diagnosed an causes physical changes ie. headaches)
someone puts another person in a room with no means of escape, against their will, for an extended period of time
law enforcement arrests you intentionally to harass you, and they have no reason to hold you so they let you go
Malicious prosecution (false arrest)
intentionally communicating false info about another person to a third party to damage their reputation
Types of defamation
-revealing personal information about an individual without his or her consent
-public figure: must prove malice, have to prove intent
Invasion of privacy
The legal responsibility for damage or injury even if you are not negligent
if a defect in the product made it dangerous the company is liable
whoever was in charge is liable for this action (ex. explosives)
Ultrahazardous or Inherently Dangerous Activities
let the employer be strictly liable for an employees actions
Doctrine of Respondeat Superior
if tort occurred during course of employment & within scope of employers authority (possible to sue employee and employer)
Test applied by courts?
-how much control does the hiring party exert over the work
-courts don't care what contracts sa, if employers advices details and equipment they are liable
substance-over form test?
if you get injured on the job and you did not intend or inflict it on themselves, employer is liable
State worker compensation statutes
wrongful interference with another's business rights and relationships
spreading rumors about a business that causes injury
Injurious falsehood or trade disarangement
EX. need k, 3rd party knows about k, & intentionally tries to one of the people in k to breach contract
intentional interference with contractual relations
EX. your business is highly guarded and someone exposes that secret
trade secret violations
A federal law that prevents price discrimination
Federal law that protects trademarks and trade names.
lanham act of 1946
mark, symbol, phrase that identifies a company/product is kept safe
Trademark law Revision Act 1988
most common: lasts 20 years
artistic display: lasts life of creator plus 70 years
a law that recognizes the rights of an individual creator (in any medium) from the time he or she has created a work and that protects a creative work for the lifetime of that author plus 70 years
copyright act of 1976
wrongful or criminal deception intended to result in financial or personal gain
2. material fact
3. reasonably relied upon
4. resulting in damage, detriment, or injury
5. scienter (intent)
5 elements of fraud
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