Term
| Elements of Assault (civil) |
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Definition
| 1. dft threatened the plt causing the plt to reasonably fear immediate physical injury or offensive contact |
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Term
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Definition
| 1. dft physically injured or offensively contacted the plt. |
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Definition
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Term
| Elements of False Imprisonment |
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Definition
Def. confined or restricted the Plt's freedom of movement w/o legal justification
Includes just using words to make them stay. |
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Term
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Definition
| Removes the retreat requirement, applies to home, car, business |
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Term
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Definition
False statements of fact regarding the plt. which were communicated to at least 1 other person, harming the plt.
1. orally spoken- slander
2. Written0libel |
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Term
| invasion of privacy-Appropriation |
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Definition
| dft used a living person's name, likeness, or identity w/o consent for commercial gain |
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Term
| Invasion of Privacy-Disclosure |
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Definition
| revealed information regarding which the plt. had a reasonable expectation of privacy and whose disclosure would be deemed offensive to a RPP. |
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Term
| Invasion of Privacy-Intrusion |
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Definition
| the dft interfered with the plt. right of seclusion and peace in a way that would be deemed offensive to the rpp |
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Term
| Invasion of Privacy- false light |
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Definition
| dft. depicted the Plt. inaccurately in a way that would be deemed offensive to the RPP |
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Term
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Definition
1. false representation of material facts: past or present, not future event -material facts=important
2. intended to deceive or was reckless in stating misleading facts
3. justifiably relied on the misrepresentation -Caveat Emptor=Buyer Beware
4. Must show suffered harm - usually economic |
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Term
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Definition
1. duty of care
2. breach of duty
3. injury to plt.
4. causation |
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Term
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Definition
| foreseeability of the cause -'but for' test |
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Term
| Elements of Negligence Per Se |
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Definition
Class-Plt was a member of the class the law was to protect
Plt's attorney must show the plt actually suffered the type of harm the law was designed to protect from. |
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Term
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Definition
| classify the injured person, tenets can be liable, standard of care, significant rule for invitee-must be on the lookout for negligence |
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Term
| proportionate liability act |
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Definition
if the Plt. is:
> 50% responsible for the negligence, Dft wins,
< 50% responsible for the neg. Plt wins for dft's part of damages |
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Term
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Definition
| minors, impaired, mentally incompetent -voidable by the person without capacity. |
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Term
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Definition
| when someone has a guardian and is declared mentally incompetent by the courts prior to the contract. |
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Term
| voluntary informed assent |
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Definition
| must be brought by both parties when contract is made |
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Term
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Definition
| fraud, duress, undue influence, bilateral mistake |
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Term
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Definition
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Term
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Definition
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Term
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Definition
| contract for the sale of goods |
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Term
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Definition
must have a court opinion to prove it,
examples: drilling oil and gas in a populated area, use of explosives |
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Term
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Definition
domesticated- no strict liability unless proven negligence,
wild- vicious propensity rule -Liable |
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Term
| Defenses to strict liability of products |
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Definition
- generally known danger
-government contractor defense
-misuse of product
-contributory fault
supervening event (altering the product) |
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Term
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Definition
1. agreement
2. consideration
3. contractual capacity
4. lawful object |
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Term
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Definition
must meet all 4 requirements to be valid:
1. must reasonably appear that the offeror really intends to be bound by his offer -not valid if made in jest, great anger, or emotion
2. terms must be reasonably specific
3. must be communicated to the offeree
4. must be unequivocal - not just an intention to negotiate. |
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Term
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Definition
| complete, informed, voluntary, embracing |
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Term
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Definition
promise for performance
only 1 way to accept - is to perform the task |
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Term
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Definition
| promise for a promise- you agree to do a task (a promise to perform) or actual performance |
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Term
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Definition
something of legal value given in exchange for a promise
this for that
can be promising not to do something |
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Term
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Definition
a state statute that requires certain types of contracts be in writing:
1. sale of real estate 2. lease of real estate 3. marriage 4. promise to pay a debt of another 5. testor damage 6. one year rule 7. commission of sale of gas, oil or minerals 8. medical care |
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Term
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Definition
| contract that can not be finished in one year |
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Term
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Definition
1. deception
2. breach of contract
3. duress - unlawful pressure including phy. violence & threats
4. bilateral mistake
5. Undue influence |
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