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BLAW Final Torts
Terms in this set (19)
what unintentional and intentional torts?
- Intentional violation of person or property
- Fault plus intent
•Unintentional Torts (negligence)
- Breach of duty to act reasonably
- Fault without intent
what are the different types of damages for tortious acts?
- Compensate or reimburse actual losses
- Compensate for quantifiable monetary losses
-Compensate for nonmonetary aspects of harm suffered•
-Punish the wrongdoer and deter others
Conduct particularly egregious or reprehensible
May be awarded in gross negligence
Too much may be unconstitutional (Due Process)
what are defenses to tort claims?
-No liability when person consents to the act that damages her/him
-Releases defendant from partial or full liability for tortious act
what is the difference between assault and battery?
•Assault: intentional and unexcused threat of immediate harmful or offensive contact, including words or acts that create in another person a reasonable apprehension of harmful contact (not require actual contact)
•Battery: unexcused and harmful or offensive physical contact intentionally performed (completion of act that caused apprehension if it results in harm)
•Does not require physical injury
•Contact can be harmful or just offensive (based on reasonable person standard)
•Contact can be by force that Defendant set in motion (thrown)
•Contact can involve any part of the body/anything attached to it
what are examples of defamation? And, what elements are required to bring a defamation claim?
Defamation of character
•Wrongfully hurting a person's good reputation
•Duty to refrain from making false statements
•Writing or other permanent form
Tort of defamation
•False statement of fact
•Statement understood to be about Plaintiff and harm reputation
•Statement published to at least one person (other than P)
•If public figure, must prove actual malice
what damages are awarded to libel and slander?
•General damages to compensate for nonspecific harms
•More permanent and usually more deliberate
•Prove special damages
What is slander per se? what is included?
Slander so eggregious that there's no need to prove special damages
•Person has a particular type of disease
•Person has committed improprieties while engaging in a profession or trade
•Person has committed or has been imprisoned for serious crime
•Person is unchaste or has engaged in serious sexual misconduct
what are defenses to defamation claims ?
•Prove that the allegedly defamatory statement of fact is true, then no tort
•Absolute: in judicial proceedings and certain government proceedings
•Qualified or Conditional: if statements are made in good faith and publication is limited to those who have a legitimate interest in the communication
•"Fair game" and false and defamatory statements that are published in the media will not constitute defamation unless the statements are made with actual malice
what is invasion of privacy ? what is required ?
•Reasonable expectation of privacy
•Must be highly offensive
•Acts that qualify as Invasion of Privacy:
•Appropriation of Identity
•Intrusion into an individual's affairs or seclusion
•Public disclosure of private facts
What is appropriation? what is the right of publicity?
•Use of another person's name, likeness, or other identifying characteristic, without permission and for the benefit of the user
•Right of Publicity (as a property right):
•Protects an individual's financial interest in the commercial exploitation of their identity
•Right is inheritable and survives death of the person who held the right (most states)
what elements are needed for fraudulent misrepresentation claims?
•Misrepresentation of material facts/conditions with knowledge that they are false or with reckless disregard for the truth
•Intent to induce another party to rely on the misrepresentation
•Justifiable reliance on misrepresentation by the deceived party
•Damages suffered as a result of that reliance
•Causal connection between misrepresentation and injury
what elements are required for the wrongful interference with a contractual relationship?
•A valid enforceable contract must exist between two parties
•Third party much know this contract exists
•Third party must intentionally induce a party to contract to breach the contract
what elements are required for the wrongful interference with a business relationship?
•Unreasonably interfering with another's business in attempts to gain a greater share of the market
•Competitive practices v. predatory behavior
•Must prove that Defendant used predatory methods to intentionally harm an established business relationship or prospective economic advantage and that the interference caused economic harm
•Interference was justified/permissible
what is negligence ?
•Injury due to failure to live up to a required duty of care
•Tortfeasor neither wishes to bring about the consequences of the act nor believes that they will occur
•Conduct merely creates a risk of such consequences
•Risk must be foreseeable
•Reasonable person engaging in same activity would anticipate the risk and guard against it
•Reasonable conduct - consider the nature of the possible harm
what are the elements required for a negligence claim?
•Duty - D is owed a duty of care to the P
•Breach - D breached that duty
•Causation - D's breach caused the P's injury
•Damages - P suffered a legally recognizable injury
what is duty of care and what to courts consider when applying it?
•Free to act so long as actions do not infringe on the interests of others
•Nature of the act (outrageous or commonplace)
•Manner in which the act is performed (cautiously or heedlessly)
•Nature of the injury (serious or slight)
what is duty of landowners?
•Exercise reasonable care to protect individuals from harm on their property
•If rent/leases property to tenants
•Reasonable care to ensure tenants and guests are unharmed in common areas
•Duty to supply correct information to tenants
what is duty to warn business invitees of risks ?
•Invite persons to come onto the property
•Duty to exercise reasonable care to protect invitees
•Business owner negligent if fails to exercise a reasonable degree of care in protecting the customers against foreseeable risks (known or should have known)
•Duty to warn of foreseeable risks
•Duty to discover and remove hidden dangers
what is a superseding clause
•Unforeseeable intervening event breaks the causal connection between wrongful act and injury
•Relieves Defendant of liability for injuries caused by the intervening event
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