Bus Law Exam 2 Notes 1 Punitive damages a Based on the defendant s ability to pay b McDonald s hot coffee lawsuit 2 Intentional Torts a Listed on page 228 b Assault is a threat on a person i We have rights to not be threatened by other people c Battery is a wrongful touching of another person i Could be a punch could just be unwelcome contact ii Surgeries must be authorized in writing 1 Extenuating circumstances waive this requirement for authorizing touching iii Playing sport also waives the contact as a possibility of battery d May or may not correspond to a criminal charge e False imprisonment wrongfully holding someone against their will the criminal equivalent is kidnapping 3 Campbell vs State Farm a Campbell s caused wreck other man swerved off road and died and another person was injured b Went to court judgment was given in favor of plaintiff c State Farm refused to pay the extra amount from original offer i Told Campbells to put a sign in front of your house d Campbell s sued for bad faith and intentionally inflicting emotional distress e Campbell s won the case State farm had to pay even more 4 Emotional stress a Debra Agis vs Howard Johnson Company i Money stolen from till Agis fired because nobody confessed and she was top of alphabet ii Four criteria for emotional distress 1 Actor intended to inflict emotional distress or should have known that emotional stress would stem from the action 2 Act was completely outrageous 3 Actions of defendant caused the plaintiff s distress 4 Suffered emotional distress that is severe in nature iii Radio station hosting ugly bride contest 5 Defamation still on intentional torts 1 a Information is put forth about a person that is untrue and harms a person s reputation i Libel in writing ii Slander orally b Defamatory statement statement intended to harm a person s reputation c Tort of defamation requires i Tortfeasor made a defamatory statement ii Tortfeasor intended to communicate the statement iii Statement identifies the victim to a reasonable listener iv Statement was communicated to a third party v Victim s reputation was damaged d Example of man telling people that certain woman was pregnant out of wedlock 6 Deceit a Requires the following elements i False representation of a material fact ii Person making representation knows that it is false iii Person intends to have the listener rely on their representation iv v Such reliance results in damage to the duped party Justifiable reliance by the listener 7 Invasion of privacy a Four distinct privacy rights Intrusion i ii Public disclosure of private facts iii False light in the public eye iv Appropriation b False light taking something out of context that makes it look like something that it really isn t i Borat example ii Woman appeared to be mocking her own religion but she actually believed the comedian had a breakthrough c Disparagement intentionally harming someone s interest in property i Finger in Wendy s chili example ii Lady lied and planted the finger iii Wouldn t have been disparagement had it actually been a finger from untruthfully wendys brand d Palming off selling a product under the name of a brand when it really isn t that 2 i Fake coach bags e Interference with a contractual relationship tort to interfere with a contractual relationship that is currently in place i Those in the contract can collect damages from those that are interfering f Trespass an interference with an owners right of possession real property or personal property i Must be intent by the person doing it as well as damage caused ii Can also be trespass to personal property 1 Must be damaged caused to this as well 2 Taking someone s glasses and breaking them example g Nuisance doesn t have to be physical invasion of property ideological invasion i Someone plays music very loudly and neighbors complain Unintentional Torts 1 Negligence there must be a breach of duty that is called a proximate cause of actual injury a Conduct below the conduct of a reasonably prudent person i Redefined every time a jury hears a case b Example someone runs stop sign and hits car conduct of driver wasn t that of a reasonably prudent person because a reasonably prudent person would have stopped at the stop sign c Must be actual injury 2 Dram shop laws place that serves alcohol if a drunk person is responsible for an injury to another 3 Negligence per se act is negligent because it violates a statute a Two requirements i Person injured must be within class of people that the statute is meant to protect Injury must be the type of injury that the statute was intended to prevent ii 4 Res ipsa loquitor the thing speaks for itself a Example of woman that had piece of scalpel left in her after surgery b Defendant was in control of scalpel so is responsible i Need to prove they aren t rather than plaintiff prove that they are 5 Assumption of risk someone knows that something is dangerous and assumes risk and does it anyway a Sometimes need to sign waivers if you assume risk 6 Question on comparative negligence on the exam 7 Strict liability responsibility regardless of fault a Three instances this can be applied 3 i Abnormally dangerous activity 1 Reynoldsburg example man killed by firework shot sideways ii Keeping viciously dangerous animals iii Faulty product in which the defection causes the injury 8 Property a Real b Personal i Tangible i Land and everything that isn t attached to it 1 Anything that isn t real property car clothes ii Intangible 1 Intellectual property a Anything that has value but you cannot touch patent c Lost property i Lose possession of property without knowing it ii Whoever finds it should try to contact owner if possible d Mislaid property i Put property down and forget where it is ii Must be left exactly where it is e Abandoned property i Left intentionally for someone else to take ii Anybody may take it f Stolen property i Property taken from owner against the owner s will 9 Gifts a Inter vivos gifts i Living gifts ii Must be intent to give the gift delivery of the gift acceptance of the gift by the one receiving it b Casa mortis gift In contemplation of death in the near future i ii Again must be intent to give the gift delivery of the gift and the acceptance of the gift by the one receiving iii However in this case if the person recovers from the immediate threat of death they may revoke the gift 10 Bailment a Owner is bailor b Receiver is bailee 4 c Can benefit i Bailee ii Bailor iii Mutual d