Ch. 4: Tort Law
defamation of character
- a communication to someone about another person that tends to hold that person's reputation up to scorn and ridicule
harm
- actual damages must be established
causation
- also called cause & fact - proximal in nature, must be a connection between negligence and the harm that occurs
product liability defenses
- assumption of risk - contributory negligence (through your own behavior, you've contributed to your injury) - comparative negligence
negligence
- breach of a standard of care - breach of a duty of care - deviation from the standard of care
"but for" test
- but for the negligence of the defendant, the plaintiff would have suffered no harm
burden of proof
- by a preponderance of the evidence standard - weightedness of the evidence - plaintiff must tilt the scales of justice in their favor
tort
- civil action that does not involve breach of contract - civil wrong committed by one individual against another - typically involve some injury
assault
- defined as the deliberate threat, coupled w/ the apparent present ability, to do physical harm to another - no actual contract is necessary
components of negligence
- duty - breach - harm
nonfeasance
- failure to act, when there is a duty to act as a reasonably prudent person would under similar circumstances
ordinary
- failure to do what a reasonably prudent person would or would not do under the circumstances
misfeasance
- improper performance of an act, resulting in injury to another
strict liability
- legal doctrine that makes some persons or entities responsible for damages their actions or products cause, regardless of "fault" on their part - does not require proving of negligence
forms of negligence
- malfeasance - misfeasance - nonfeasance
slight
- minor deviation of what is expected under the circumstances
breach of a duty
- must be a deviation from the recognized standard of care
malpractice
- negligence or carelessness of a professional person
duty
- obligation to conform to a recognized standard of care
malfeasance
- performance of an unlawful or improper act
equitable tolling
- recognition of a general statute of limitations unless fraud has been committed, the statute is tolled or void
degrees of negligence
- slight - ordinary - gross negligence
slander
- spoken/verbal form of defamation
products liability
- the accountability of a manufacturer, seller, or supplier of chattels to a buyer or other third party for injuries sustained because of a defect in a product
battery
- the intentional touching of another's person in a socially impermissible manner, without the person's consent - law provides a remedy if consent to a touching has not been obtained or if the act goes beyond the consent given
false imprisonment
- the unlawful restraint of an individual's personal liberty or the unlawful restraint or confinement of an individual - actual physical force not necessary - can occur when an individual who is physically confined to a given area reasonably fears detainment or intimidation without legal justification
negligence
- unintentional commission or omission of an act that a reasonably prudent person would or would not do under the same or similar circumstances - a form of conduct caused by heedlessness or carelessness that constitutes a departure from the standard of care generally imposed on reasonable members of society
restriants
- used to control behavior when patients are disoriented or can cause harm to themselves or others - must be used on a case by case basis
forseeability
- was the event the primary cause of the injury? - reasonable anticipation that harm or injury is likely to result from an act or failure to act
fraud
- willful and intentional misrepresentation of a material fact
libel
- written form of defamation 1. accusing someone of a crime 2. accusing someone of having a loathsome disease 3. using words that affect a persons' profession or business
elements of defamation
1. has to be untrue 2. statement must be published (merely communicated to a third party) 3. cause harm to repution of character 4. can't be privileged
elements of fraud
includes: - deception - false of a material nature - artifice
gross negligence
the intentional or wanton omission of required care or performance of an improper act
