Bus 250 ch. 8 – Flashcards

French meaning "wrong" and a violation of a duty imposed by the civil law. It's up to the injured party must seek compensation. Have their own lawyer to file a lawsuit.

Yes

Negligence Interference with a contract Fraud

Criminal and contract

Created: civil law imposes duties of conduct on all persons Enforced: by plaintiff Result: money damages for plaintiff.

Created: parties agree on a contract, which creates duties for both Enforced: by plaintiff Result: money damages for plaintiff

Created: criminal law prohibits certain conduct Enforced: prosecution by government Result: punishment for defendant, including prison and/or fine.

Harm caused by a deliberate act. OR harm caused (on accident) by a deliberate act.

False statements that harm someone's reputation. 2 types Libel: written defamation Slander: oral defamation

Defamatory statement: a factual statement likely to harm another persons reputation. Opinions are not factual (don't apply) must be able to be proven true or false. Falsity: the statement must be false. Making a true statement, no matter how mean, is not defamation. Communicated: the statement must be communicated to at least one other person other than the plaintiff. (Defamation is not hurt feelings, it's hurt reputation) Injury: the plaintiff must show some injury, UNLESS the case is about sexual behavior, crimes, contagious disease, and professional abilities. The law is willing to assume injuries on the topics above. An element: something that the plaintiff must prove in order to win a lawsuit.

If the statement relates to criminal or sexual conduct, contagious diseases, or professional abilities they are assumed as hurtful to the subjects reputation.

The New York Times ran a full-page advertisement paid by civil rights activists stating that the Montgomery police bombed dr. Martin Luther kings house (which was not true) A public official can win a defamation case only by proving the defendant's actual malice, that is, that the defendant knew the statement was false or acted with reckless disregard of the truth.

A witness testifying in a court or legislature may never be sued for defamation. However if they lie under oath or affirmation they would be committing perjury)

Intentional restraint of another person without reasonable cause and without convent. Most common: retail stores from detaining employees from suspected theft. (An intentional tort)

Extreme and outrageous conduct that causes serious emotional harm. (An intentional tort)

Is an intentional touching of another person in a way that is harmful or offensive.

When a defendant does some act that makes a plaintiff fear an imminent battery. It can actually occur or "might occurz" Even if the act isn't performed it is still viewed as assault.

Intentionally entering land that belongs to someone else or remaining on the land after being asked to leave. Even if your car is on someone else's land and you are asked to move, that's trespassing. Even without knowledge of it being private land, you walk on it, you trespassed.

Taking or using someone's personal property without consent.

Injuring another person by deliberate deception

An amount of money that the court believes will restore him to the position he was in before the defendant's conduct caused injury

Requires a court to settle the matter once and for all, by awarding a lump sum for past and future expenses, if there will be any.

1-plaintiff receives money for medical expenses that he has proven by producing bills from doctors, hospitals, physics therapists, and psychotherapists. 2-defendants are liable for lost wages 3-plaintiff is paid for pain and suffering

A jury is permitted to award any amount of economic damages: Lost wages, medical expenses, and other measurable losses

Pain and suffering and other losses that are difficult to measure.. Usually have caps: Highest amount of money they will allow courts to give.

When healthy competition goes too far and becomes illegal interference

Exists if -there was a contract between the plaintiff and a third party -the defendant knew of the contract -the defendant improperly induced the third party to breach the contract or made performance of the contract impossible -or there was injury to the plaintiff

Malicious interference with a developing economic relationship. Such as saying if you don't sign this contract I will verbally put down your company.

Provides broad protection against false statements intended to hurt another business. -defendants made false or misleading fact statements about the plaintiff's business -defendant used the statements in commercial advertising or promotion. -the statements created that likelihood of harm to the plaintiff