Term
| The duty of care required of professionals |
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Definition
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Term
| A professional is obligated to do what? |
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Definition
| Keep up with continuing education |
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Term
| Relationship of trust and confidence that professionals have with their clients |
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Definition
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Term
| This requires clients to be given ultimate dominion over their bodies and those events that affect their lives |
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Definition
| The doctrine of informed consent |
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Term
| Professionals that are held to a higher standard of care |
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Definition
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Term
| A making of false representations/affirmatively making a false statement is |
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Definition
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Term
| Defect that is not visible or not readily discoverable |
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Definition
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Term
| Defect that is visible or readily discoverable |
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Definition
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Term
| Intentional misrepresentation requirements |
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Definition
1. Defendant misrepresents something with the intent of inducing the plaintiff's reliance on that misrepresentation.
2. The defendant knows that the representation is false or acts with reckless indifference to the truth.
3. The plaintiff justifiably relies on the defendant's misrepresentation
4. The plaintiff suffers damages from this reliance |
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Term
| Reliance on a misrepresentation must be what? |
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Definition
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Term
| For damages in misrepresentation matters, one must prove what? |
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Definition
That reasonably foreseeable actual damages occurred
and were proximately caused by the misrepresentation. |
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Term
| Defendant's interference with a plaintiff's interest |
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Definition
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Term
| The unreasonable interference with a right common to the general public |
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Definition
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Term
| Unreasonable interference with the plaintiff's use and enjoyment of his or her land |
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Definition
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Term
| Remedies available for a nuisance |
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Definition
Compensatory damages
Injunction |
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Term
| What types of contractual relations can be interfered with? |
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Definition
Existing contractual relations
Prospective contractual relations |
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Term
| Types of misuse of legal proceedings |
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Definition
Malicious prosecution
Wrongful institution of civil proceedings
Abuse of process |
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Term
| This can apply when one is neither negligent nor has any intent of wrongdoing |
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Definition
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Term
| With a domestic animal, strict liability ensues when? |
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Definition
| When the owner knows or has reason to know that the animal has vicious propensities |
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Term
| Liability of a manufacturer, seller, or other supplier of chattel which, because of a defect, causes injury to a consumer, a user, or in some cases a bystander |
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Definition
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Term
| Three theories of recover in a product liability case |
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Definition
Negligence
Warranty
Strict Liability |
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Term
| This type of claim is reserved for product defects that result in an unreasonably dangerous product |
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Definition
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Term
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Definition
Express: seller represents the good specifically has those properties
Implied: Implied warranty of merchantability- fit for ordinary purposes for which goods are used |
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Term
| A product is defective for purposes of strict liability if it is what? |
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Definition
| Defective condition unreasonably dangerous |
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Term
| Products that are incapable of being made safe for their intended and ordinary use |
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Definition
| Unavoidably unsafe product |
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Term
| Major types of product defects |
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Definition
Manufacturing defect
Design defect
Defective warning |
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Term
| A state common law tort action cannot be brought if a federal expressly or impliedly preempts such an action |
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Definition
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Term
A lawsuit when a large number of people are injured as a result of a widely distributed product, they may opt to bring one class action suit rather than many individual suits
• Suit in which representative members of a class sue on behalf of other members of the class. |
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Definition
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Term
| Written defamatory statements |
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Definition
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Term
| Oral defamatory statements |
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Definition
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Term
| Exceptions to the special-harm requirement for slander |
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Definition
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Term
| In a defamation case, if a Plaintiff is neither a public figure or a public official, he does not have to prove what? |
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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
Absolute: applies across board, generally comes about because of job or title, protected fully as long as in scope of employment
Qualified: more limited, defendant must have certain purpose. Limitations- does not apply across board |
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Term
| Other torts related to defamation |
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Definition
Unreasonable intrusion
Public disclosure of private facts
False light |
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Term
| When employer is vicariously liable for actions of employee |
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Definition
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Term
| For an employee to be vicariously liable, the employee must act how? |
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Definition
| Within the scope and furtherance of employment |
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Term
| An employer is not held vicariously liable for the acts of who? |
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Definition
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Term
| When you temporarily give something to someone and entrust them with it |
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Definition
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Term
| Elements of a joint enterprise |
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Definition
An express or implied agreement among members of a group
A common purpose or goal to be carried out by the group
A common pecuniary interest in the purpose or goal
An equal right of each member to control the direction of the enterprise |
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Term
| Partial reimbursement of a tortfeasor who has paid more than her pro rata share of the damages |
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Definition
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Term
| Agreement to absolve a defendant of liability |
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Definition
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Term
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Definition
Plaintiff's reputation is harmed or tended to be harmed
Statement is reasonably interpreted by at least one person as referring to the plaintiff
Statement is false
Statement is seen or heard by someone else other than the plaintiff (publication)
Defendant acts with actual malice if the plaintiff is a public official or public figure |
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Term
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Definition
-Statements are written (including records, computer tapes, dictation by stenographer)
-No need to prove special harm
-Presumed damages awarded if:
-actual malice is shown in matter or public concern
or
-matter is a private concern, even if no actual malice is shown |
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Term
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Definition
-Statements are oral
-Must prove special harm unless slander per se
-Presumed damages not awarded |
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Term
| Slander per se exceptions |
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Definition
(1) that the plaintiff engaged in criminal behavior,
(2) that the plaintiff suffers from some type of venereal or otherwise loathsome and communicable disease
(3) that the plaintiff is unfit to conduct his or her business, trade, or profession
(4) that the plaintiff has engaged in sexual misconduct |
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