Term
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Definition
-Intentional Torts
-Accidental Torts
-Strict Liability |
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Term
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Definition
| a tort that is caused on purpose |
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Term
| 3 Factors of Intentional Torts |
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Definition
-Act by the defendant
-Intent (substantial certainty)
-Causation |
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Term
| Causation (intentional torts) |
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Definition
| the defendant's conduct is a substantial factor in injury |
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Term
| Intentional Torts Against the Person |
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Definition
-Battery
-Assault
-False Imprisonment
-Defamation
-Intentional Infliction of Emotional Distress |
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Term
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Definition
| an intentional unauthorized harmful or offensive physical contact |
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Term
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Definition
| immediate threat of harmful or offensive contact (threat of a battery) |
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Term
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Definition
| the intentional confinement or restrain of a person without consent or justification |
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Term
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Definition
| language on the part of the defendant concerning the plaintiff is published and causes damage to the reputation of the plaintiff |
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Term
| Intentional Infliction of Emotional Distress |
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Definition
have to show physical evidence of emotional distress caused by the defendant
*"throw-in" tort |
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Term
| Intentional Torts Against Property |
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Definition
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Term
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Definition
| -temporarily interfere with land or property |
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Term
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Definition
| permanently deprive someone of property |
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Term
| Defenses to Intentional Torts |
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Definition
-Consent
-Self Defense
-Defense of Others
-Defense of Property
-Necessity |
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Term
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Definition
-Express v. Implied
-Need Capacity
-Can't Exceed Consent |
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Term
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Definition
| you need to understand what you've given consent to |
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Term
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Definition
-Reasonable Belief
-No Retaliation
-No Retreat
-Agressor cannot use self-defense as self-defense |
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Term
| Reasonable Belief (self defense) |
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Definition
you can only use a reasonable amount of force
-all you can do is enough to keep a bad thing from happening to you |
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Term
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Definition
| everything that applies to self defense applies to the defense of someone else |
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Term
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Definition
| you cannot commit serious bodily harm to someone who is taking your property |
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Term
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Definition
| "Greater good" a/o "public policy" argument |
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Term
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Definition
-Reckless or Careless
-Behavior Failure to exercise the degree of care appropriate in a particular situation
-Liability based on FAULT (Without Intent) |
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Term
| Main Difference between Intentional Torts & Negligence |
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Definition
| torts that involve negligence occur when the tortfeasor neither wishes to bring about the consequences of the act, nor believes that they will occur |
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Term
| Major Factor involved with Negligence |
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Definition
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Term
| Four Elements of Negligence |
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Definition
-Duty
-Breach
-Causation
-Damages |
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Term
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Definition
| When a person engages in an activity, he is under a legal duty to act as an ordinary, reasonable, prudent person |
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Term
| Reasonable Prudent Person |
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Definition
| a mythical individual created by the court as an objective standard by which to measure a defendant's actions |
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Term
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Definition
| The plaintiff must establish that the standard of care owed to her was violated by the defendant |
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Term
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Definition
| proof of statute violation is proof of negligence |
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Term
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Definition
| "the thing speaks for itself" (obvious the defendant did something bad) |
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Term
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Definition
| There must be some reasonable connection between the negligent act of the defendant and the plaintiff's injury |
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Term
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Definition
casual relationship between conduct and result
"Cause-In-Fact (Cause/Effect) |
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Term
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Definition
| an act or omission to act is the cause in fact of an injury when an injury would not have occurred "but for" the act |
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Term
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Definition
| Scope of liability as determined by society |
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Term
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Definition
| exists is both the plaintiff and the type of injury incurred by the plaintiff are "foreseeable" |
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Term
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Definition
The Plaintiff must prove "actual" damages…physical, financial, or emotion
Must be quantified in terms of "money" |
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Term
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Definition
-Assumption of Risk
-Contributory and Comparative Negligence |
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Term
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Definition
| if a plaintiff's own negligence contributed to his or her own injury, there was a complete defense that would bar the plaintiff from recovering anything from the defendant |
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Term
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Definition
| when you compare how at fault the plaintiff and the defendant were in negligence, and damages are rewarded by who is responsible |
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Term
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Definition
Pure --> just follow the percentages
50% --> follow the percentages UNLESS the plaintiff is found more negligent than the defendant |
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Term
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Definition
| A participant in a covered activity will be held liable for any injuries caused by the activity even if they were not negligent |
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Term
| What is Strict Liability Applied to? |
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Definition
This theory is applied to activities that are both inherently risky and socially useful
defendant will be held liable for an injuries cause by the activity even if he/she was no negligent |
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Term
| Products Liability Law Theories |
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Definition
-UCC
-Negligence
-Strict Liability |
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Term
| Warranties of Quality (UCC) |
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Definition
-Express
-Implied
-Disclaimers |
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Term
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Definition
| people try to sell products by making it seem like a good product |
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Term
| Disclaimers (legal words) |
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Definition
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Term
| Products Liability- Negligence |
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Definition
| Plaintiff must prove that the defendant breached a duty of care that caused plaintiff's injury |
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Term
| Prove Product Liability- Strict Liability |
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Definition
-Flaw in the Manufacturing Process
-Design Defect
-Inadequate Warning |
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Term
| Product Liability - Strict Liability Defenses |
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Definition
-Assumption of Risk
-Comparative Negligence
-Product Misuse
-Commonly Known Danger |
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