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| the body of law developed from custom or judicial decisions in English and US courts, not attributable to a legislature. |
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| the rules of law announced in court decisions case law includes the aggregate of reported cases that interpret judicial precedents, statues, regulations, and constitutional provisions. |
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| ordinarily requires judges to follow past decisions, which facilitates predictability and stability in legal and business matters. |
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| the court will allow you to tear that agreement up. |
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| a court-ordered correction of a written contract so that it reflects the true intentions of the parties. |
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| establish rules that protect people or peoples interest. Violation against society. |
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| requires intent. A wrongful act knowingly committed |
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| any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat. If the baseball doesn’t hit you. |
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| unconsented to touching, the unprivileged intentional offensive touching of another. Blow smoke in your face, throwing a baseball at you that hit you. |
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| an unexcused and harmful or offensive physical contact intentionally performed. Is the harm to the plaintiff |
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| the intentional confinement or restraint or another person’s activities WITHOUT JUSTIFICATION. It involves interference with freedom to move without restriction. Shopkeeper – security – takes girl in room to question her, then she cries and wants to call mom and they wont let her, then its false imprisonment. |
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wrongfully hurting a person’s good reputation. Law imposes a general duty on all persons to refrain from making false, defamatory statements of fact about others.
2. Appropriation |
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| 8. Fraudulent Misrepresentation |
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| a misrepresentation or a failure to mention it (material fact) intentional deceit for personal gain. Person who heard must rely on what you said. |
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| 9. Wrongful Interference w/ K’s relationship |
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| Contract - find a contract, if someone interfers, then a party can breach |
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| entering someones land without permission, actionable even if little damages, viable action against that person. |
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| Disparagement of Property |
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| saying that it is poor quality. Using bad milk to make your yogurt, he really doesn’t own that computer he stole it from sally be careful of not buying it. |
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| the torfeasor neither wishes to bring about the consequences of the act nor believes that they will occur. If no risk is created, there is no negligence. If bob pushes and Tim falls down and breaks his arm that is battery. If bob accidentally bumps into Tim and he falls down and breaks his arm then that negligence – in both situations bob has committed a tort. |
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| owe a ______ to those who are in due care |
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| did not act like a reasonable person under reasonable circumstances |
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if a person breaches a duty of care and someone sufferes injury, the wrongful activity must have caused the harm for a tort to have been committed.
a. Is there causation in fact? – did the injury occur because of the defendants act. (causation in fact) – can be tested by using but for the wrongful act, the injury would have occurred
b. Was the act proximate or legal, cause of the injury? Proximate cause or legal cause, exists when the connection between an act and an injury is strong enough to justify imposing liability. |
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| the monetary amount sought as a remedy for a breach of contract or for a tortious act. |
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| that which a defendant offers and alleges in an action or suit as a reason why the plantiff should not recover or establish what he or she needs. |
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| a defense against negligence that can be used when the plaintiff is aware of a danger and voluntarily assumes the risk of injury from that danger |
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| b. Contributory Negligence |
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| a plaintiff who has negligent (failed to exercise a reasonable degree of care) could not recover anything from the defendant. – the plaintiff would be precluded from recovering any damages |
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| it relieves a defendant of liability for injuries caused by the intervening event. Julie got hit by a bike, fell down and broke her hip, while she was waiting a car blew up and she got burned. Derrick is only responsible for the hip. |
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| d. Comparative Negligence |
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| the standard enables both the plaintiffs and the defendant’s negligence to be computed and the liability for damages distributed accordingly. 50% |
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| liability regardless of fault. In tort law, it may be imposed on defendants in cases involving abnormally dangerous activities, dangerous animals, or defective products. |
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can be modified only by specific language in a contract. Sellers may assert that they are transferring only such titles, rights, and interest as they have in a good.
i. Implied warranties ____ use: As is, or with all faults |
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| “reasonably fit” for their intended purpose for which such goods are used, safe for its intended use. |
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| particular purpose” of the buyer or lessor differs from the “ordinary purpose for which goods are used” Goods can be merchantable but unfit for a particular purpose. |
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