Term
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Definition
| There has to be a duty and a breach of that duty. There may not be any causation and payout for damages can be lessened. |
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Term
| Negligence Cause of Action |
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Definition
| Duty, Breach, Causation, Damages. Damages are awarded. |
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Term
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Definition
| But for something, you would not be harmed. (Baseball hitting plaintiff in the head) |
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Term
| Proximate Cause of Action |
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Definition
| It is forseeable that ___ caused damage |
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Term
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Definition
| Mall, Home Depots, are considered public places and those who are on the premises are considered invitees, even if they don't purchase anything. |
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Term
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Definition
| Paying customer. Duty to warn about dangers, make area safe, have to inspect premises to find danger. |
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Term
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Definition
| Guest that is invited to the property. NO duty to inspect premises, but duty to warn of any known dangers and to make area safe. |
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Term
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Definition
| IF you know there are trespassers, you have to consider them licensees. |
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Term
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Definition
| Pick a standard for defendant, once they retort or make a counter argument, then you pick a standard for the plaintiff. |
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Term
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Definition
"Refers to the liability of manufacturer/suppliers of defective product.
Has to be some type of harm to the consumer, or those around the consumer, or harm to one's property."
Do not forget to sue the manufacturer and the ones who created the products. |
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Term
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Definition
| Not sufficient for defense against products liability. |
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Term
| Defense for Product Liability |
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Definition
| Unintended use. Product was not used for it's purpose (making alteration to product and putting product that is no longer manufactured into commerce.) |
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Term
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Definition
| "In writing. ""This product will not cause fire under normal use.""" |
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Term
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Definition
| "Implied warranty for merchant ability. ""we have created this product and it is safe."" Implied warranty always exists." |
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Term
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Definition
| If product is inherently dangerous, there is no viable defense for defendant. |
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Term
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Definition
You cannot maliciously intend to say something false about a public figure to hurt their reputation or career. Look at audience and what is being said.
Once you have become a public figure, you cannot be taken out of that status.
Once you have become a public figure, you cannot be taken out of that status. |
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Term
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Definition
| Person by accomplishments, fame, mode of life, that gives public legitimate interest in his or her life. |
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Term
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Definition
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Term
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Definition
| Printed or written, anything that is broadcasted |
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Term
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Definition
| Maliciously and intentionally putting someone in a position or perception that creates a false perception of them |
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Term
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Definition
"Doesn't matter whether the statement towards a private individual is true or false.
-It has to be published or announced to third party
-defamatory if it's malicious and could adversely affect the individuals reputation." |
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Term
| Private Standard Argument |
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Definition
| Whether or not a reasonable person would find the statement defamatory |
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Term
| Reasonable Person Standard |
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Definition
| Duty of an adult to exercise that degree of care which a reasonable, ordinary, prudent person should exercise under the same or similar circumstances. |
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Term
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Definition
| A person who is a professional, such as a doctor, lawyer, engineer, etc. is required to possess and excersize the knowledge and skill with reasonable care of a member of the profession in good standing |
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Term
| Owner or Occupier of land standard |
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Definition
"The duty of the owner is based on the status of the person that enters the land.
-trespasser
-licensee
-invitee" |
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Term
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Definition
"Pertains to customary practice.
Custom or industry practice may be used as evidence of what the reasonable person would do under the circumstances, but is not conclusive." |
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Term
| Automobile driver and guest |
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Definition
"Majority of jurisdictions require an auto driver to use reasonable or ordinary care in operating a vehicle carrying a guest.
Majority of jurisdictions have guest statuses" |
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Term
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Definition
| If event occurs consistently and is not fixed the landowner is held liable. They are held to landowner standard |
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Term
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Definition
"Participant has to be made aware of the inherent risks.
Whether or not participant voluntarily participated in the event.
Consent or accept the opportunity to participate." |
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Term
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Definition
| is partially to blame for damages suffered. The weight of the fault must be heavier or equal on the defendant for the plaintiff to prevail. If the plaintiff is 50% or less negligent, the defendant wins damages. |
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Term
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Definition
| If the plaintiff is found 1% at fault, they lose. |
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Term
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Definition
| identifies the duty of baseball stadium proprietors with greater specificity than the usual "ordinary care/reasonably safe" standard provides. do not eliminate the stadium land owner's duty to exercise reasonable care under the circumstances to protect patrons against injury. define that duty so that once the stadium owner has provided adequately screened seats for all those desiring them, the owner has fulfilled his duty of care as a matter of law. establishes the outer limits of liability and thereby prevents a jury from requiring a stadium owner to take precautions that are clearly unreasonable. when limited duty is applied the participant has the assumption of risk which gives him holds him at the reasonable person standard |
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