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Torts and stuff
Torts and stuff
30
Business
Undergraduate 2
03/16/2012

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Cards

Term
Elements of Battery
Definition
1)Intentional
2)Harmful/offensive contact
3)Without consent
4)Of another
Term
Elements of Assault
Definition
1)Intentional
2)Attempt/offer to cause harmful/offensive contact
3)Of another
4)Attempt or offer causes a reasonable
apprehension of imminent battery
Term
Elements of Intentional infliction of emotional distress
Definition
1)Reckless
2)Extreme and outrageous
3)Defendant's conduct must be the cause
4)Severe emotional distress
Term
Elements of False Imprisonment
Definition
1)Intentional
2)Confinement of another person
3)Appreciable time (a few minutes is enough)
4)Without consent
Term
Elements of defamation
Definition
1)Unprivileged
2)Publication
3)False and defamatory
4)Statements concerning of another
Term
differences between libel and slander
Definition
libel: physical form i.e.:picture, sign, statue, radio, T.V..
slander: oral form
Term
Order of Court jurisdiction
Definition
1)Traffic courts, probate courts, and small claims courts
2)Trial court (significant dollar amount of damages, detailed records of information are kept during the trial)
3)Appellate court (correct legal
errors made by the trial judge)
4)Federal court (?)
5)Supreme court (?)
Term
Civil Procedure
Definition
Summons(notification of being sued)>Pleadings(Defendant states their claims and defense, complaint,
the answer, and, in some jurisdictions, the reply)>Motion to dismiss(Plaintiff does not have valid claim, defendant auto-wins)>Discovery(request information, light interrogation ie:yes/no questions)>Summary judgement(judge gives a verdict before trial starts)>Partial Conference(judge meets with both parties and advises for any settlements)>Trial
Term
Alternative Dispute Resolution
Definition
1)Quicker resolution of disputes
2)Lower costs in time, money, and
aggravation for the parties
3)Lessening of the strain on an
overloaded court system
4)Use of decision makers with specialized expertise
5)Potential for compromise
decisions that promote and reflect consensus between
the parties
Term
Components of Invasion of Privacy
Definition
1)Intrusion on Solitude or Seclusion
2)Public Disclosure of Private Facts
3)False Light Publicity
4)Commercial Appropriation of Name or Likeness
Term
Conversion
Definition
1)Defendant’s intentional
2)Exercise of dominion or control over the plaintiff ’s personal property 3)Without the plaintiff ’s consent
Term
*Negligence*
Definition
1)Duty *Foreseeable harm*
2)Breach of Duty
3)Breach caused the injury
Negligence per se: Defendant broke the statute.
*May cause some reduction based on percentage of fault.*
Term
Premises liability
Definition
Invitee-Anyone invited
Licensee-Business purpose of being there ie: plumber
Trespasser-Anyone not invited or have official business
premises liability-Anyone hurt within the area of the building
Term
defenses against negligence
Definition
Contributory negligence-If plaintiff is part of the problem=no recovery
Comparative negligence-If plaintiff is partly negligent=partial recovery.
Assumption of risk-Voluntarily take on the risk; consent.
Depending on the jurisdiction, plaintiff may face a reduction.
Term
Products liability
Definition
strict liability
1)Made product unreasonably dangerous
2)Existed when it left the manufacturer
3)Caused the damage
Defenses include misuse of the product-Did plaintiff use product as intended?
Term
Offer
Definition
1)Present intent to contract
2)Definiteness of terms
3)Terms are communicated to the offeree
Term
Acceptance
Definition
1)Present intent to accept
2)Same terms
3)Acceptance is communicated to the offeror
Term
Consideration
Definition
1)Legal value (money>property>favors)
2)Bargained for
3)Flows both ways
Term
Misinterpretation
Definition
Rescinding contracts (fraud)
1)Untrue assertions of material fact
2)Induce other party to act
3)Known to be false
4)Relied on to detriment
Term
Undue Influence
Definition
1)Relationship of trust/confidence/dominance
-Vulnerable position
-Best interest
2)Unfair persuasion
-Rushed and isolated
-Time and place
Term
Duress
Definition
1)Improper threat
-Has a statement of fact but goes beyond that
2)No reasonable alternative
Term
Promissory Estoppel
Definition
Stopping someone from breaking their promise
1)Promisor intended to induce reliance
2)Promisee relied on the promise
3)Economic detriment
Term
Quasi-contract
Definition
1)One party conferred a benefit
2)Other party knowingly accepted
3)Unjust to keep without paying for it
Term
Capacity
Definition
Ability to hold a contract
dis-affirm: avoid a contract
prevention of dis-affirm: Cannot dis-affirm if contract is necessary
Term
Public Policy
Definition
Unconscionable-Both substantive and procedural; no bargaining power
1)Procedural-Cannot bargain. The meeting of the minds was not there.
2)Substantive-The terms of the contract.
Term
In Pari Delicto
Definition
Both are at fault but one is more at fault
Term
Statute of Frauds
Definition
For defense only; Must be in writing
1)Collateral K (having someone close to you pay if you don't)
2)Sale of interest in real estate
3)Bilateral; can't perform within a year
4)Sale of goods over $500 (quantity must be stated)
5)Executor personally estate (family member is responsible for all debts and payments for deceased)
6)Contracts with marriage is consideration (2 companies marry their offspring together)
UCC can be an exception for most rules
Term
Merchants Firm Offer Rule
Definition
1)signed writing (must contain something related to the company)
2)assurance to remain open
Term
mailbox rule
Definition
The offeree can express acceptance upon mailing.
Term
Battle of the forms
Definition
1)Both parties must be merchants
2)Both have their own forms
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