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law final_torts

42 cards·by stierdaniel
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what is a tort
civi (not criminal) wrong act that injures: a person, thier property, economic interest, peronal interest
economic intrest
cant steal, defraud (must tell the truth/ be loyal/ diclose information)
personal intrest
right to be left alone, right to a good reputation
what will the court provide for tort law
a remedy
duties imposed by society
act carefully (not negligent), tell the truth, tell truth about peoples rep, respect others property
examples of personal injury
car accidents, liability of landowner, product liabiity
examples of damage to property
contruction trespass, grafitii
defamation
the act of making untrue statements about another which damages his/her reputation.
breach of fiduciary duty
broken trust from the obligation to act in the best interest of another party
tortfeasor
the person who engages in tortious activities (negligent, defames, defrauds)
What does the jury have to decide regarding tortfeasor
are they LIABLE to bame for injury, what damages are appropriate
strict liability
liability that does not depend on actual negligence or intent to harm.
products liability
manufacturer of product has taken precaution, defective product still had him liable
compensatory damages
special, general
special compensatory damages
monetary quantifiable losses (medical expenses, lost wages)
general compensatory damages
non-monetary (pain and suffering)
punitive damages
inentional torts where TF act maliciously or with conscious disregard for rights and safteyof others (drunk driving)
intentional torts
fraud, conversion, breach of piduciary duty, breach of loyalty, product liabilty
Vicarious liability
respondeat superiour - parents are liable for their children, employers for thier employees
assault
intentional, unexcused act of immediate harmful or ofensive conduct (no contact nessesary)
battery
completion of the assault - harmful, offensive, physical contact
defenses to assult and battery
consent, self-defense, defense of others, defense of propery
false imprisonment
intentional confinment or restraint without justification.
intentional infliction of emotional distress
intentional act of extreme and outragous resulting in severe emotional distress in another. Courts require physical symptom / illness
defamation
false statements of fact about other people, giving them a bad rep
slander
orally breaching ones reputation
libel
breaching one reputation over print or media
absolute immune speech
judicial and legislative proceedings
qualified immune speech
employee evaluations
actual malice
the statement was made with either knowledge of falsity or reckless disregard for the truth
defenses to tresspas to land
temp license to use, permanent right to use, contrast with easment
conversion
wrongful possesion or use of property without permission
negligence four step analysis
duty, breach, causation, damages
reasonable person standard
forseeable risk where the reasonable person would anticipate and guard agaisnt
professional malpractice
breach of duty
proximate cause
an act is the proximate (legal) cause of the injury when the casual connection between the act and injury is strong enough to impose liabail
compensatory damages are designed for....
to reimburse plaintiff for actual losses
punitive damages are designed for...
to punish the tortfeasor and deter others from wrong doing
defenses to negligence
assumption of risk, contributory/ comparative negligence
assumption of risk
plaintiff has knowledge of risk, goes through with act anyway
express assumption of risk
signing a waiver before skydiving
contributory negligence
if plaintiff cause his injury in anyway, he will br stripped of recovery