Term
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Definition
| a civil wrong other than a breach of contract that results in damage to another |
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Term
| What are the three classes of Torts? |
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Definition
1) Intentional Tort - wrongdoer intentionally performs an act that causes damage to another (ex: snowball/bus/cop)
2) Negligence - person accidentally or carelessly causes harm to another
3) Strict Liability - liability is automatically imposed upon a party, regardless of their fault (ex: workers compensation) |
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Term
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Definition
| Wrongdoer intentionally performs an act that causes damage to another |
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Term
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Definition
| person accidentally or carelessly causes harm to another |
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Term
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Definition
| liability is automatically imposed upon a party, regardless of their fault |
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Term
| what is an example of strict liability? |
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Definition
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Term
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Definition
-intentional act that causes harmful or offensive CONTACT with another
-Contact can be by the defendant himself or force set in motion by the defendant (ex: hunter pulling trigger.. bullet ricochet off tree and kills someone) |
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Term
| Reasonable person standard |
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Definition
-used to judge whether the battery is offensive or not.
-reasonable person in the position of the plaintiff consider it offensive
-If considered offensive then battery is charged |
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Term
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Definition
| Intentional act that places another in awareness of an imminent, harmful, or offense of contact (AWARENESS of battery about to occur). |
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Term
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Definition
| Intentional CONFINEMENT or restraint of another |
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Term
| how can false imprisonment occur? |
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Definition
Physical Barriers (janitor locks you in room)
Force
Threat of force |
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Term
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Definition
-intentional act that causes harmful or offensive CONTACT with another
-Contact can be by the defendant himself or force set in motion by the defendant (ex: hunter pulling trigger.. bullet ricochet off tree and kills someone) |
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Term
| Reasonable person standard |
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Definition
-used to judge whether the battery is offensive or not.
-reasonable person in the position of the plaintiff consider it offensive
-If considered offensive then battery is charged |
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Term
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Definition
| Intentional act that places another in awareness of an imminent, harmful, or offense of contact (AWARENESS of battery about to occur). |
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Term
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Definition
| Intentional CONFINEMENT or restraint of another |
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Term
| how can false imprisonment occur? |
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Definition
Physical Barriers (janitor locks you in room)
Force
Threat of force |
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Term
| Merchants Protection Statue |
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Definition
-state statue that protects a retailer from a False Imprisonment lawsuit by a shoplifter
-much have reasonable belief that goods were wrongfully taken, then merchant can detain the person for reasonable amount of time |
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Term
| Infliction of Mental Distress |
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Definition
-intentional use of Extreme or Outrageous conduct that causes severe Emotional Distress in another
-based on Psychological harm, not physical harm
-ex: passing gas in front of same grocery store clerk..? |
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Term
| Invasion of the Right to Privacy |
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Definition
-Intentional unreasonable interference with another person's privacy
-ex: marketing club put hagen's face on shirt and selling it for money.. Could sue the club for profits |
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Term
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Definition
1) slander - oral/verbal defamation
2) libel - written defamation |
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Term
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Definition
-False statement adversely effecting a person's reputation
-TRUTH is an absolute defense!
-if it is one-on-one, then party won't be liable |
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Term
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Definition
-Intentional Misrepresentation or Concealment used to induce another into an Agreement
-can be in any type of contract ... must pay punitive damages |
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Term
| Trespass to Real Property |
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Definition
-Intentional act that causes a physical intrusion of the Real Property of another (building or house)
-interfering with right to possession |
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Term
| Trespass to Personal Property |
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Definition
-Wrongful taking or damage to the personal property of another (any property that isn't real property)
-interference with right to possession |
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Term
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Definition
-wrongful retention or destruction of the Personal Property of another (more serious and harmful)
-ex: roommate borrows laptop and you demand your laptop back. roommate says she is going to keep it all semester |
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Term
| Conversion without trespass |
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Definition
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Term
| Defenses to Intentional Tort |
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Definition
1) Self-defense
2) Defense of property
3) Consent (expressed and implied)
4) Necessity |
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Term
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Definition
-one can use self-defense when one has a belief of physical imminent danger
- the degree of force is that permitted is what seems to be reasonably necessary to prevent the harm |
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Term
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Definition
one may use reasonable force to prevent a tort to his/her property
-CAN NEVER BE DEADLY FORCE |
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Term
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Definition
if the plaintiff consents to a tort committed by the defendant, then the defendant isn't liable.
-defense to a tort |
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Term
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Definition
Spoken or written words showing consent
-defense to a tort |
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Term
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Definition
-course of conduct in which consent can be inferred
-defense to a tort
-ex: driving down high ave and students playing football.. one guy paralyzes another.. paralyzed guy can't get money for damages |
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Term
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Definition
| Permits person to commit a tort where it reasonably appears necessary to prevent a greater injury |
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Term
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Definition
| -obligation that one person owes to another to conform his/her conduct to a hypothetical standard/reasonable person standard |
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Term
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Definition
-if under AGE 7... they don't have the age of reason and not held liable
-parent to child relationship - held to higher standard
-professional - held to a higher standard |
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Term
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Definition
| violation of a statue that is automatically treated as negligence |
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Term
| breach of the duty of care |
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Definition
| conduct does not measure up to the level required |
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Term
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Definition
directly cause
(factual cause) |
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Term
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Definition
indirect cause
(legal cause) |
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Term
| causation only applies to.. |
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Definition
| what is reasonably foreseeable (ex: crazy car accident that kills the old man) |
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Term
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Definition
-contributory negligence
-comparative negligence
-assumption of risk
- express assumption of risk
- implied assumption of risk |
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Term
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Definition
| Person has knowledge of a risk but continues with act |
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Term
| Express assumption of risk |
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Definition
words or language
ex: signing a waiver of liability for horseback riding and the horse bucks you off and breaks your neck |
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Term
| Implied assumption of risk |
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Definition
| course of conduct in which the assumption of risk can be inferred |
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Term
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Definition
-liability is imposed automatically in certain situations
- does not require plaintiff to prove negligence, intent or that the defendant is at fault in causing the loss |
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Term
| Interference with a contractual relationship |
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Definition
| one intentionally induces a party to breach their contract |
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Term
| Interference with business |
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Definition
| occurs when one intentionally causes injury to the business of another |
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Term
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Definition
1) occurs where one wrongfully uses a mark that is substantially similar to the trademark of another
2)when a person wrongfully uses the invention of another without paying royalties |
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Term
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Definition
-grant from the federal govt. to the sole right to an invention
-good for 20 years, except design patents are only good for 14 years |
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Term
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Definition
| provides a copyright material can be copied without liability in certain situations |
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Term
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Definition
-"let the buyer beware"
-if a buyer purchases a defective property, then he or she has no recourse against the seller for defects that could have been observed
-only works for sale of real estate |
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Term
| Field of products liability |
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Definition
three claims:
1)negligence - useless with regard to products - means the only party is careless (burden of proof is hard!)
2)strict liability - used for when there is a personal injury
3)warranty law - used when u want your money back for parts that don't work |
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Term
| UCC (uniform commercial code) |
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Definition
| set of state statutes that regulate business transactions |
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Term
| Three sections of the UCC |
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Definition
1)express warranties
2)implied warranty of merchantability
3)implied warrant of fitness for a particular purpose |
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Term
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Definition
| occur where the seller Makes Statements or Representations to the buyer about the product |
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Term
| Implied Warranty of Merchantability |
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Definition
Arise from the circumstances rather than the language that was used
-imposed by state statues
-imposed on a seller who is a merchant |
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Term
| Implied Warrant of Fitness for a Particular Purpose |
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Definition
-2 elements
1)seller knows the particular purpose for which the buyer will use the good
2)the buyer relies on the sellers judgment to select the goods |
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Term
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Definition
| The goods are reasonably fit for the ordinary purpose for which they are used |
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Term
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Definition
| any statement of fact made by the seller to the buyer creates an express warranty |
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Term
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Definition
| any description of the goods creates an express warrant that the goods conform to the descriptions |
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Term
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Definition
| If a seller provides a buyer with a sample, then the goods must conform to that same model |
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Term
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Definition
| Seller's representation was significant to the buyer in deciding to buy the goods |
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Term
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Definition
| Expression of opinion by a seller that does not create an express warranty |
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Term
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Definition
| -According to the UCC, they don't allow the seller to disclaim express warranties - would be inconsistent |
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Term
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Definition
Can be disclaimed in two ways
1) have a WRITING that clearly disclaims the warranties
2)use the phrase "as is" - used products have this, then they have no warranty |
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Term
| Magnuson Moss Warranty Act |
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Definition
| -Federal Statue that implies if a written guarantee is given in the sale of consumer goods |
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Term
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Definition
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Term
| Federal Trade Commission Act |
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Definition
-federal statute regulating consumer sales and advertising
-outlaws unfair, or deceptive acts or practices by businesses |
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Term
| Federal Trade Commission (FTC) |
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Definition
-Federal agency that enforces consumer protection laws
-issues trade regulation rules |
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Term
| Three elements of a deceptive ad: |
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Definition
1) contains representation/omission of practice
2) likely to mislead
3) it is material (significant) |
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Term
| False statements of claims |
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Definition
| any misrepresentation as to the characteristics, composition or availability of the goods |
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Term
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Definition
statement that is basically correct but incomplete
ex: car is manufactured in america - but actually in Mexico |
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Term
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Definition
| misleading statement about the pricing of the products (regular price vs. sale price - regular price has to have been charged before) |
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Term
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Definition
| celebrity or expert is used to improperly endorse a product |
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Term
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Definition
sales practices outlawed by FTC - consists of two elements
Bait: advertising a product with no intention of selling it
Switch: switching a consumer to a more expensive product |
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Term
| Telemarketing and Consumer Fraud & Abuse Prevention Act |
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Definition
-Regulates the sales practice of making unsolicited phone calls to consumers
-caller needs to be immediately and clearly disclose:
1) the purpose of the call is to sell goods/services
2) Nature and price of the goods/services |
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Term
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Definition
1. ship/send goods with the time specified
2. if no time is specified, it must be shipped within 30 days
3. must notify a customer if an order cannot be shipped on time |
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Term
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Definition
| If someone receives UNSOLICITED GOODS through the mail, then they are considered to be free |
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Term
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Definition
| to cheat a person out of his money or property by deceit or trick |
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Term
| two elements of mail defraud |
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Definition
1) must be a Plan to Defraud
2) Mailing a letter for the purpose of carrying out the plan |
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Term
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Definition
sale that occurs by solicitation at the consumer's home
-May rescind contract within three days of signing the contract |
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Term
| The Real Estate Settlement Procedures Act |
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Definition
| requires lenders to provide certain documents to home buyers when making or obtaining a mortgage loan |
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Term
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Definition
| booklet called "Settlement Cost and You" at the time of closing. |
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Term
| Interstate Land Sales Full Disclosure Act |
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Definition
| regulates the interstate sale of real estate in certain circumstances |
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Term
| Three elements need to exist for ILSFDA statue to be in effect |
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Definition
1)Party is selling 100 or more parcels of real estate
2)I a common promotional plan |
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