STUDY GUIDE FOR EXAM 2 BUL3310 Exam date 11 5 11 Chapter 7 Torts Tort in common law jurisdictions is a wrong that involves a breach of a civil duty other than a contractual duty owed to someone else a Types of Tort Liability Private wrongs a In some cases like assault criminal charges can be placed as well Intentional Occur because of intention not an accident Negligent A wrong that occurs because of an accident Strict Liability Issue of the liability is given clearly stated 1 Damages a Compensatory Damages Damages to make you whole damages that will affect your ability to be happy reoccurring issues such as pain or loss of something b Economic Medical bills amount of time missed from work or potential to work c Non economic Injuries distained Not a defined answer hard to quantify Our US courts are the best at solving these issues d Punitive Damages Rare Punishment for egregious behavior 1 Use Courts will show off people as a criminal to be made example of Ex Ford s decision to allow the Pinto faulty Ford built car to be kept out on the market instead of recalled 1 Interference with Personal Freedom Assault Putting someone in fear of bodily harm Mostly mental damage not physical Battery Physical harm being committed False Imprisonment Shop Keepers Tort Most often occurs where shoplifting would occur Ex Store owner believes someone is shoplifting and then they will hold you in there store and not left you leave They are not allowed to do that unless the duration of time spent inside detention is low or a high cost robbery Infliction of Emotional Distress Intentional Something egregious was done or said to you that makes you have mental emotional stress Ex Movie theatre sells Goobers candy that has maggots in it by surprise and scars a lady for life about maggot attacks 4 Movie clip from class The insider A Brown and Williamson Tobacco company Put extra nicotine in cigarettes to increase the addictive tendencies of their cigarettes Dr Wegan testified against the company CBS deciding whether or not to play the interview of a doctor how 248 Billion dollar settlement against the cigarette companies cigarettes are bad 7 dwarfs did not realize that there were any issues with cigarettes 4 Interference with Property Rights Trespass Conversion Nuisance 5 Interference with Economic Relations Disparagement Interference with Contractual Relations Interference with Prospective Advantage 6 Wrongful Communications a Defamation Torts Continued Plaintiff the injured party sues the Defendant the Tortfeasor for damages Compensatory damages general and special Punitive damages Three Torts Intentional Unintentional negligence no fault Strict Liability absolute liability Assault and Battery Assault the reasonable apprehension or fear of immediate contact Battery completion contact of the assault Defenses Consent Defense of Property Self Defense and Others Defamation Publication of a false statement oral or written that injures a person s good reputation Has to be based on an unfair statement Oral Slander Words that jeopardize status or lifestyle Written Liable Publication third party must hear or see statement Statements made on the internet may be actionable An individual who re publishes the statement will be liable Must be able to prove economic damage Ex Not getting a job because someone lies to a potential employer about you not being a good employee Statement must hold someone up to contempt ridicule or hatred in the community Slander per se no proof of damages is required Evil in some cases Loathsome communicable disease Professional impropriety Imprisonment for a serious crime Unmarried woman is unchaste Defenses is normally an absolute defense Truth Absolute judicial and legislative proceedings Qualified good faith limited editorials As long as it is not a recklessly wrong Public Figures plaintiff must show statement made with actual malice Invasion of the Right to Privacy Someone exposing people in the personal life and exposing it to others Not defamation because it is true Ex Ron Gaea paparazzi Invaded JFK s wife s privacy as well as her kids Person has the right to solitude Breach of that duty is a tort Appropriation Taking something that is not yours Ex Can be a singer stealing their voice False Light Portraying a product or Public Disclosure of Private Facts Misrepresentation Fraud Intentionally that already exists Knowing misrepresentation of fact Contrast puffery or statements of opinion Negligent Misrepresentation deceive another to believe in a condition that is different from the condition Key is whether person making the statements had actual knowledge of its falsity Only requires the person making the statements did not have a reasonable basis for believing the truthfulness Wrongful Interference with Contractual Relationship Valid enforceable contract exists between two parties Third party knows about contract Third party intentionally causes either party to breach the original contract Intentional Torts Against Property 10 15 intentional the rest is negligence Trespass to Land Personal Property Disparagement of Property Slander of Quality Slander of Title Negligence is an unintentional tort Occurs when someone suffers injury because of the defendant s failure to comply with a legal duty Defendant tortfeasor liable for the negligence creates foreseeable risk of injury Negligence only happens when someone gets hurt or negatively affected by a situation Ex Swing hands around hit someone by accident Negligence Analysis Have to establish a 1 Duty a term that conveys a sense of moral commitment to someone or something 2 Breach Clearly identified issues will either be broken or not 3 Causation But for test would it have happened if the accident did not occur 4 Proximate Cause Is this a harm that would naturally follow the events that occurred Is this act for seeable Ex Someone changes your tire wrong because they are in a rush and the tire falls off and hits your friend 5 Damage Without this no lawsuit Negligence Duty Duty of Care and Breach Duty is based on reasonable person standard Can be compared if in a 2 person accident to the amount of safety percussion each person took How would a reasonable person have acted under the circumstances Duty of Landowners to business invitees and tenants to keep common areas safe Obvious Risks are Exception Duty of Professionals to clients attorneys CPA s doctors Negligence Causation Injury Requirement and Damages Plaintiff must suffer a legally
View Full Document
Unlocking...