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| Compensate a person who is injured by wrongful act of another--tort law is civil law |
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| Is on plaintiff to prove each element of the case--if plaintiff fails to prove each element, court will dismiss case and defendant wins |
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| In tort case under civil law, plaintiff must prove defendant's liability by preponderance of evidence (51% likely)--in criminal case, prosecutor must prove defendant's guilt beyond reasonable doubt (99% likely) |
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| Basis of Tort Law--Monetary Damages Available in Tort |
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Compensatory damages: seek to reimburse plaintiff for monetary loss such as medical expenses or lost wages + non-monetary loss, such as pain and suffering or harm to reputation
Punitive damages: seek to punish wrongdoer, deter others |
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| Critics of tort system ("tort reformers") say we must cap compensatory damages or ban punitive damanges; supporters of tort system say it's one area of law where individual can fight against large corporation |
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| Intentional Torts Against Persons |
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| With intentional torts, tortfeasor (person committing tort) acts with intent to commit the act |
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| Types of Intentional Torts |
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| Assault and battery, false impisonment, infliction of emotional distress, defamation, invasion of privacy, interference with contract, disparagement |
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| Intentional, non-consenual act that creates reasonable fear of immediate harmful or offensive contact |
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| Intentional, non-consenual, harmful, offensive or unwelcome, physical contact |
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| Tort law uses "reasonable person standard" which is objective test of how reasonable person would have acted under circumstances |
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| Defenses to Assault and Battery |
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| Consent, self-defence (reasonable force), defense of others (reasonable force), defence of property |
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| Intentional confinement or restraint of another person without justifications; merchant may detain suspected shoplifters with reasonable suspicion in reasonable manner for reasonable time |
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| Intentional Infliction of Emotional Distress |
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| Intentional act that is extreme and outrageous, that results in secere emotional distress--may need psych diagnosis |
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| Intentional publication to 3rd party of false statement of fact resulting in harm to another's reputations--slander is speech and libel is writing |
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| If statement is opinion, speaker has defense of 1st amendment right to free speech; truth, privilege |
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| Public figure who sues for defamation must prove statement made with malice, i.e., knowledge or falsity or reckless disregard for truth--higher standard for public figures because they choose to be in public eye |
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| Intentional act that violates another person's reasonable expectation of privacy--intrusion on another without consent or public disclosure of private facts. No reasonable expectation of privacy if info already disclosed to 3rd party |
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| Tort of appropriation is intentional use of another's name or likeness without consent for commercial purposes--some states treat right of publicity as property right |
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| Knowing misrepresentation of material fact made with intent to deceive; reasonable reliance by deceived party resulting in damanges--misrepresentation can be statement or omission when there is a duty to speak |
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| Abusive or Frivolous Litigation |
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| A person has right to sue when injured, but also right not to be sued without legal basis--in subsequent case, winning defendant who suffered loss can sue plaintiff for tort of malicious proseuction, but must prove malice |
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| Intentional interference with contract happens when there is valid, enforceable contract between A and B; defendant knows about contract; defendant intentionally induces A or B to breach contractl defendant benefits from breach |
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| Business Torts--Wrongful Interference with Business Relationship |
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| Happens when defendant uses predatory methods with intent to cause plaintiff's established business relationship to end; plaintiff suffers damage |
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| Business Torts--Defenses to Claim Wrongful Interference |
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| Defendant's actions were justified, fair; public policy favors free competition |
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| Intentional Torts Against Property |
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Real property is land and everything permanently attached to land
Personal property is everything else, moveable
Trespass to land means to enture or cause to enter or remain without consent on land of another |
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| Intentional Torts Against Property |
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| In many states, landowner has duty of reasonable care even to trespasser--attractive nuisance. |
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| Intentional Torts Against Property--Defenses to Claim of Trespass to Land |
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| Necessity, defendant is invitee, defendant is licensee |
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| Intentional Torts Against Property--Trespass to Personal Property |
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| Intentional interference with another's use or enjoyment of personal property without consent |
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| Intentional Torts Against Property--Conversion |
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| Intentional retaining of another's personal property without consent |
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| Intentional Torts Against Property--Disparagement |
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| Trade libel/slander is false statement of fact about another's product or service made with intent to injure resulting in injury to plaintiff |
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| Courts apply traditional tort law to Internet cases--in defamations case, 1st step is to identify speaker. Person who publishes another's defamatory statement is liable for defamations, as is original speaker, but federal law says internet service provider is not liable for content provider by 3rd party user. State law requires sender of unsolicited ad to instruct recipient how to opt-out. Federal law prohibits false or misleading advertising--no harvesting personal infor without consent; header must indicate sexual content |
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