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Exam 2 Review Chapters 6 10 Need Scantron Chapter 6 Torts 3 2 15 o Negligence Torts you didn t act in the care that a reasonable person would Court looks at services rendered by similar professionals o Intentional Torts prove that someone intentionally engaged in the conduct o Strict Liability o Tort Breach of duty of care that you owe to someone else that caused them that caused injury injury o Proximate Cause persons actions have to be the proximate cause of someone else s injuries for them to be liable Chain of events has to be foreseeable No proximate cause no responsibility o Superseding cause if there is a superseding cause or intervening conduct between initial actions and later injury initial person may be off the hook o Defenses to negligence Assumption of risk Comparative negligence if applies court will reduce damages due to plaintiff o Intentional Liability waiver must be in writing and signed clear that you re waiving the liability only works for negligence based courts Looking at the facts surrounding their conduct They don t need to know who is going to get hurt just that their actions are likely to harm someone o Major categories of torts Assault some action that puts a person in fear of immediate bodily harm a viable threat Battery physical contact with a person that causes injury False Imprisonment detaining someone without their approval Exceptions retail store owners of suspected shoplifters within reason Infliction of emotional distress has to be outrageous conduct likely to cause extreme emotional distress Invasion of privacy if someone makes public things about your private life without your permission Defamation telling lies about someone to a 3rd party that injures that person Slander verbal defamation Libel written defamation Defamation per se extreme court says that it is so damaging to someone s reputation go straight to damages Defenses for torts 3 2 15 Assault and battery o Consent often in contact sports o Privilege help someone in emergency situation o Self Defense you have the right to use reasonable force to protect yourself and your property o Truth absolute defense o Privilege things like politicians debating newspaper freedom of the press can t be malicious Defamation Chapter 7 Torts that carry strict liability o Business Torts Fraud when someone knowingly provides false information to take advantage of a situation Santer the false information Interference with contractual relations 3rd party interferes with an existing contract Interference with prospective advantage i e 3rd party trying to interfere with an advantage o Strict Liability Products started out in food industry implied warranty that food is fit for human consumption If consumer is injured by consumer product assumes product is defective so talk about damages Manufacturers and Sellers have an obligation to warn people of any dangers or hazardous conditions of their products Defenses Product Misuse Consumer using a product in a way that wasn t it s intended use or purpose Assumption of risk If consumer is warned about dangers and still uses the product they ve relieved the manufacturer of liability Bulk supplier if someone s supplying me raw materials bulk supplier isn t liable for any injures that finished product causes to consumer Sophisticated user If person uses this in day to day business you ought to know the risk so the assumption of risk is placed on you Statutory limits on damages you might get Works compensation if you are an employee injured at work for a negligence based tort you can t sue your employer for that injury Cap on the workers comp that you get for specific injury If you manufacture your product to government specifications you have no liability to anybody injured by that product 3 2 15 State laws some jury rewards are getting huge so states have capped the maximum award for damages to keep businesses from closing Ultra hazardous activities dynamiting transporting hazardous chemicals through populated areas If you re engaged in an ultra hazardous activity you have absolute strict liability No defenses apply If someone gets hurt you are liable Chapter 8 o Real Property house building land anything attached to land Title legal concept that says who is the owner who has the right to use and enjoy and who can prevent others from using and enjoying Own land own air rights own mineral rights o In US these can be separated Deed written instrument that says who the title owner is Most common way to transfer ownership 3 types o Quit Claim Deed Seller says to buyer I m giving you whatever interest I have in the property doesn t know any details o Warranty Deed Safest Seller warrants to buyer good clear title no leans or encumbrances on the property o Special Warranty Deed in the middle Seller says to buyer during the period of time that I woned the property no one put any leans or encumberances on it but no promises about before I owned it Minimize risk Do a title risk trace the ch ain of ownership Look for any leans that have been put on the propery Title insurance if someone comes along claiming lean or Own property jointly Tenancy in common Parties own equal 50 in property no right of survivorship Joint Tenancy right of survivorship other owners become only owners if one party dies Tenancy by the Entirety right of survivorship Trust Arrangements Trust instrument that specifies for a period of years you put property in and appoint a trustee someone that steps in the shoes of owner for the benefit of the beneficiaries Separates the legal right of ownership to the beneficial ownership Servitudes Limitations on the use of your property on Deed Easements gives someone the legal right to come onto your property for a specific purpose corss your driveway to get to their property 3 2 15 Covenant imposes restrictions or requirements on your property i e only paint it certain colors certain amount has to remain green space Adverse possession if someone openly uses your property for a number of years specified by state and you don t object to it they become the legal owner of that property Prevent get them to sign an agreement pay rent etc Lease Residential Commercial Rights and Duties of Landlords and Tenants o Landlord right to receive rent on time duty to make sure the area you rent from them is suitable for the purpose Constructibley evicted if property isn t in condition you rented it in landlord is responsible for the break in the lease not you Imminent domain if


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Clemson LAW 3220 - Exam 2

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Exam 2

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Chapter 6

Chapter 6

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CH 13

CH 13

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Ch5 Notes

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