question

Tort

answer

An omission (failure to act) or a wrongful act (other than a breach of contract) against a person or his property. Damage to a property or injury to a person.

question

Tort Law private or public law?

answer

Private

question

Tort Law: Civil or criminal?

answer

Civil

question

Purpose of Tort Law

answer

To compensate the innocent victim, not used to punish

question

Tortfeasor

answer

A person who commits a tort

question

Joint Tortfeasor

answer

Two or more persons acting together to commit a tort.

question

Egg-Shell Theory

answer

You take your victim as you find them, you are liable for the probable, natural consequences of your actions whether you intended them or not

question

Deep pocket Theory

answer

Sue as many defendants as you can especially those with the deepest pockets Ex) Employee of big corporation gets sued, will sue corporation because they have more money than individual employee

question

Three Theories of Tort Liability

answer

Intentional, Negligence, Strict Liability

question

Intentional Tort

answer

A wrongful act knowingly committed. Had intention. victim can seek both compensatory and punitive damages if they can prove tort as intentional

question

Assault

answer

An intentional act for someone to have fear that they will be harmed. Example: Pointing a gun at someone.

question

Battery

answer

intentional/unprivileged contact with someone without their consent (shooting someone)

question

Mental Distress

answer

intentional act, generally malicious causing severe emotional distress

question

False imprisonment

answer

intentionally putting someone in an area where they have no reasonable means of escape

question

Malicious Prosecution

answer

"False arrest" A tort in which one person wrongfully subjects another to criminal or civil litigation for the sole purpose of causing problems for that other person, often in retaliation for previous litigation between the two.

question

Defamation

answer

make and publish an untrue statement about someone that causes them damage, must be communicated to a third party

question

Two types of Defamation

answer

Libel and Slander

question

Libel

answer

written defamation, potential for damage is greater because it has permanent form

question

Slander

answer

Verbal or Oral defamation

question

Invasion of Privacy

answer

intentional intrusion into the private affairs of another, "a man's home is his castle"

question

Fraud

answer

intentional misrepresentation of a material fact that is justifiably relied upon by someone to his or her injury

question

5 elements of Fraud

answer

a. Misstatement b. Material fact c. Reasonably relied on d. Resulting in Damage, detriment, or injury e. Scienter

question

Trepass

answer

presece on another's property without consent or legal right. To Land or Personal Property

question

Conversion

answer

Not only do you take the property but you change its nature that you can't return it in original form

question

Nuisance

answer

any kind of activity that causes damage to the enjoyment of another person

question

2 types of Business Torts

answer

At common law and Statutory

question

Instances of business tort common law (3)

answer

Injurious Falsehood (Trade Disparagement), Intentional Interference with Contractual Relations, Trade Secret Violations

question

Injurious Falsehood (Trade Disparagement)

answer

publication of untrue statements that disparage the business owner's product or it's quality i. Ex) P&G sue individuals for associating logo with Satanism, Warnoco sues Calvin Klein for falsely accusing them of counterfeit

question

Intentional Interference with Contractual Relations

answer

I can sue you and 3rd party that caused you to breach contractex) one company raiding another for employees

question

Trade Secret Violations

answer

if you have a trade secret, it is your personal property forever. If someone reveals this information you can sue them for this.

question

Instances of business tort - statutory (4)

answer

Unfair competition, Trademark Infringement, Patent Infringement, Copyright Infringement

question

Negligence

answer

(malpractice) somebody commits a tort accidentally, committed not on purpose but because they weren't careful enough (most common) (can not seek punitive)

question

4 elements of negligence (Must prove all 4)

answer

Duty of Care Breach of Duty to Care Causation Injury, Detriment, or Damage

question

Duty of Care

answer

Must prove there's a relationship between the defendant and the plaintiff, the defendant owed the plaintiff duty of care

question

Breach of Duty to Care

answer

When a provider fails to provide treatment for another that the "reasonable man" in similar circumstance would provide. Jury determines on a scale of 0 - 100 what a reasonable man would do, compare that to 0-100 of what the defendant did

question

Res Ipsa Loquitur Doctrine

answer

A legal doctrine that infers negligence simply because an event occurred, if it is the type of event that would not normally occur in the absence of negligence: Res Ipsa Loquitur means "the event speaks for itself."

question

Causation

answer

Defendant must have caused the prohibited result.

question

2 types of Causation

answer

Actual and Proximate

question

Actual Causation

answer

claim that the defendant's action was the direct cause of plaintiff's injuries or damages, must pass a "but-for" test

question

Proximate Causation

answer

The defendant must be the legal cause that the plaintiffs injuries, must be the probable consequence of the defendant's breach of the duty of care. The proposition that those engaged in activity are legally liable only for the foreseeable risk that they cause.

question

Affirmative Defense

answer

defendant must specifically raise these defenses to take advantage of them. defenses of negligence are affirmative.

question

Defenses of Negligence (affirmative defenses)

answer

Contributory Negligence, Comparative Negligence, Assumption of the Risk

question

Contributory Negligence

answer

An affirmative defense that alleges that the plaintiff, through a lack of care, caused or contributed to his or her own injury.

question

Comparative Negligence

answer

A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence.

question

Assumption of the Risk

answer

if you as a plaintiff enter into an activity knowing that its risky, defendant can argue you assumed that risk Ex) fly ball hits you at a baseball game

question

Degrees of Negligence (3)

answer

Slight, Ordinary, Gross

question

Slight Negligence

answer

the failure of the defendant to exhibit extreme care, only get compensatory damages

question

Ordinary Negligence

answer

Absence of reasonable care that can be expected of a person in a set of circumstances.

question

Gross Negligence

answer

an action committed with extreme reckless disregard for the property or life of another person. Defendants actions are way below what he should have done, as if you intended to do it

question

Classifications of Persons on a Property of Another (3)

answer

Invitee, Licensee, Trespasser

question

Invitee

answer

who you owe highest duty of care, know when their coming and whose coming, duty to inspect and warn them of defects on your property

question

Licensee

answer

comes on your property legally but you don't necessarily know when to expect them. owe them less of a duty of care, owe them a duty to warn them of duties you're aware of Ex) mailman

question

Trespasser

answer

someone whose on your property without your permission. Duty of care to refrain from intentionally harming them

question

Attractive nuisance doctrine

answer

States that there is a special duty of care required with respect to conditions that could attract children and which may be dangerous. Ex) pools

question

State Recreational Use Statutes

answer

if you have an activity on your private property that you open up for the general public to use then you are not liable for their injury

question

Strict Liability (easiest to prove)

answer

legal responsibility for injury causing behavior that is neither negligent nor intentional (can not seek punitive)

question

Ultra hazardous or Inherently Dangerous Activities

answer

Strict liability Ex) Fireworks, transporting hazardous materials

question

Doctrine of Respondent Superior

answer

An employer is vicariously liable for the acts of an employee committed within the course and scope of employment

question

State Worker Compensation Statutes

answer

if the employee is harmed in the workplace, the employer will be strictly liable for the harm of the employee, as long as the employee was doing what they were supposed to be doing

Legal Environment of Business – Torts – Flashcards

Unlock all answers in this set

Haven't found what you were looking for?

Search for samples, answers to your questions and flashcards