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| the placing of another in immediate apprehension for his or her physical safety |
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| an illegal touching of another, doesnt have to cause harm (spitting) |
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Term
| Intentional infliction of mental distress |
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| intentional outrageous conduct that carries a strong probability of causing mental distress to the person at whom it is directed (usually has to prove physical symptoms, such as headaches or sleeplessness) |
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Term
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Definition
1. use of someone's likeness in advertising without permission
2. the defendant's intrusion upon the plaintiff's physical solitude (illegal searches, wiretapping, and persistant telephoning); this invasion of physical solitude must be highly objectionable to a reasonable person
3. defendant's public disclosure of highly objectionable, private information about the plaintiff. doesnt have to be true (news media is protected by 1st ammendment with regards to public officials). |
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| intentional, unjustified confinement of a non-consenting person; stems from instances of shoplifting |
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| often called false arrest; arises from causing someone to be arrested criminally without proper grounds as when the arrest is accomplished simply to harass someone. |
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| to enter another's land without consent or to remain there after being asked to leave. variation is with regards to pollution. Often a crime as well as a tort. Intentional wrongdoing is often a crime. |
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| the wrongful and unlawful exercise of dominion (power) and control over the personal property resources of another; conversion deprives hte proper owner of lawful rights in the resources; can be temporary or permanent, example can be recieving something stolen. |
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Definition
| the publication of untrue statements about another that hold up that individual's character or reputation to contempt and ridicule; oral defamation=slander; written, radio, or TV defamation=libel. punitive damages as well as actual damages can be requested. |
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Definition
| intentional misrepresentation of a material fact (important fact) that is justifiably relied upon by someone to his or her injury. violates principles of equal property. Most common cyber related tort. can be misrepresentation of products, hiring without mentioning certain conditions, etc. |
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Term
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Definition
| trade disparagement; the publication of untrue statements that disparage the owner's business or business product or its quality; similar to defamation of character but must prove actual damages arising from the untrue statements |
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| Intentional intereference with contractual relations |
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Definition
| the most common example of this tort involves one company raiding another for employees who are under contract to the second company |
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Term
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Definition
Elements of Negligence:(most lawsuits, automobile accidents)
1. existence of a duty of care owed by the defndant to the plaintiff
2. unreasonable behavior by the defendant that breaches the duty
3. causation in fact
4. proximate causation
5. an actual injury |
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Term
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Definition
| negligence of professionals (ex. doctor, lawyer) |
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Term
| Willful and wanton negligence |
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Definition
| special type of aggravated negligence; shows an extreme lack of due are, such as in negligent injuries cased by drunk drivers; plaintiff can recover punitive damages as well as actual damages |
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| absolutely stops the plaintiff from recovery if the plaintiff's own fault contributed ot the injury "in any degree, however slight" |
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| Comparative responsibility |
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Definition
| aka comparative negligence, comparative fault; the plaintiff's contributory negligence compares the plaintiff's fault with the defendant's and reduces the damage award proportionally; generally leads to more frequent and larger awards for plaintiffs |
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Term
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Definition
| if contributory negligence involves failure to use proper care for one's own safety, this defense arises from the plaintiff's knowing and willing undertaking of an activity made dangerous by the negligence of another |
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Term
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Definition
| a catchall phrase for the legal responsibility for inury-causing behavior that is neither intentional nor negligent; they all impose legal liability, regardless of the intent or fault of the defendant |
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Term
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Definition
| arise when products are not manufactured to a manufacturer's own standards |
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Term
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Definition
| when a product is manufactured according to the manufacturer's standards, but the product injures a user due to its unsafe design (also lack of warnings) |
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Definition
| strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons |
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Definition
| written into all compensation statues, states that an employee's sole remedy against an employer for workplace injury or illness shall be workers' compensations |
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| strict products liability |
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Definition
| major type of strict tort liability for the commerical sale of defective products. defenses include assumption of risk as well as misuse rather than contributory negligence. |
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Term
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Definition
| 'let the master reply'- when an employee is liable for a tortuous act under the scope of employment, the employer is also liable. only defense is FROLIC AND DETOUR- employee was outside the scope of employment. employer or insurer can legally sue the employee. |
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Term
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Definition
| permits a plaintiff to sue without first having to pay an attorney. Plaintiff doesnt have to reimburse defendant if plaintiff was wrong |
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Definition
| exemplary damages, punish defendants for commiting intentional torts and for negligence behavior to be considered ‘willful and wanton’ |
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Term
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Definition
awarded for the three major types of loss that potentially follow tort injury:
1. Past and future medical expenses
2. Past and future economic loss
3. past and future pain and suffering |
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Term
| alternatives to tort litigation |
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Definition
| arbitration, no-fault insurance, workers' compensation acts (state statutes designed to protect employees and their fmilies from the risks of accidental injury, death, or disease resulting from their environment. |
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Term
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Definition
| an intentional misrepresentation of a material fact that is justifiably relied upon by someone to his or her injury (can also arise from a failure to disclose something- concealment) Most common cyber related tort. can also arise from misrepresentation about products or misrepresentation about conditions at a company when hiring an employee. violates the equal property rights of others. |
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Term
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Definition
| in neglegence suit the plaintiff must prove that the defendent actually caused the injury |
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