Term
| Shopkeepers privilege statute |
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Definition
| Allows shopkeepers to detain a suspected person for probable cause and with reasonable behavior and time. |
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Term
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Definition
| Unprivileged, unpermitted confinement of another, could be through threat or physical barriers |
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Term
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Definition
| An intentional harmful or offensive touching with out consent of the other person |
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Term
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Definition
| Intentional, unexcused act that creates in the mind of another person a reasonable fear of an immediate harmful or offensive touching. |
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Term
| Defense to intentional tort: Privilege |
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Definition
| A right to engage in certain behavior arising from relationship or circumstance. |
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Term
| Defense to intentional torn: Consent |
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Definition
| Permission freely given or reasonably implied. Did the act exceed permission or consent? |
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Term
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Definition
| Person intended to do the act that resulted in some injury to the victim, but not necessarily have to have motive. |
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Term
| How are torts classified? |
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Definition
By the actors conduct;
Intentional
Unintentional
-Negligence
Absolute liability or strict liability |
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Term
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Definition
| A tort is determined by civil law and a crime by criminal law |
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Term
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Definition
| Tort law that provides for private recovery whereas criminal law for public punishment |
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Term
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Definition
| tort law protects private interests whereas criminal protects the state. |
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Term
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Definition
person is liable, regardless of care exercised, for damages or injuries caused by his or her product or activity
1. Wild animals(zoo)
2. Ultra-hazardous activity(building destruction)
3. product defect |
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Term
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Definition
| law designed to protect a person aiding a victim. |
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Term
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Definition
only 5 states use this;
if an injured person is at 5% fault then he or she can't recover anything. |
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Term
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Definition
two types
1. pure-allows recovery no matter how great plaintiffs fault. i.e. plaintiff is 5% at fault, damages reduced 5%
2. Partial: 50% or 51% Rule depending on the state |
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Term
| Defenses: Assumption of risk |
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Definition
| Knowingly and voluntary entry into a risky situation. |
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