Legal Studies Exam #2

5 types of business related torts

1) Defamation 2) Libel (trade libel) and slander 3) Fraudulent Misrepresentation 4) False Imprisonment 5) Business Competition Torts ("David Buys Lingerie For Fun")

5 elements of negligence

1) Duty 2) Breach of Duty 3) Cause in Fact 4) Proximate (legal) cause 5) Actual Damages ("Dont Be Cunty Please Actually Dont)

Three defenses to defamation

1) Truth 2) Absolute Privilege 3) Qualified Privilege ("Tequila Poured for Alan & Quinn")

The 4 elements to prove defamation

1) defamatory statement 2) dissemination to a third party 3)specificity 4) damages ("Dont Do Stupid Defamation")

Tort

A civil wrong in which one party's action or inaction causes a loss to be suffered by another party.

Res Ipsa Loquitur

A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means "the facts speak for themselves."

Breach of Duty

A failure to fulfill the obligations

Merchant's Privilege

A narrow privilege, provided for in the Restatements, that shields a merchant from liability for temporarily detaining a party who is reasonably suspected of stealing merchandise.

Defamation

Act of harming or ruining another's reputation

Comparative Negligence

Allows a jury to allocate a certain proportion of negligence to each party in term of a percentage.

fradulent misrepresentation

Allows an innocent party to recover when another makes a false representation and causes a pecuniary loss as a result. Elements: 1. The misrepresentation must be a material fact known to be false by the tortfeasor or was a reckless disregard for the truth; 2. The tortfeasor intended to persuade an innocent party to rely on the statement and the did in fact rely on the statement; and 3. Damages were suffered by the innocent party

The but-for Test

But for (except for) the breach of duty by the tortfeasor, would the injured party have suffered damages?

Business Competition Torts

Common law torts that arise when a tortfeasor (typically a competitor) interferes with an existing contract or hinders a prospective contract between two parties.

Defenses to Negligence Claims

Comparative negligence and assumption of risks ("Can Not Act Risky")

Public Figure Standard

If the victim is a public figure, such as a candidate for political office or a celebrity, the defamation must have been committed with malice or reckless disregard for the truth

False Imprisonment

Intentional infliction of a confinement upon a person.

Two types of defamation

Libel-written, Slander-spoken

Nelson v. Tradewind Aviation

Nelson sued TA for defamation after they sent a report to his new job offer that stated that Nelson was fired due to failing to comply to company standards. Court ruled in favor of Nelson because the defamation caused injury to his profession.

Tortfeasor

One who commits a civil wrong against another that results in injury to person or property.

Palsgraf v. Long Island Railroad

Palsgraf was pulled onto a train by the conductor along with other passengers. One of the passengers had fire works in their bag that exploded and hurt Palsgraf. Palsgraf tried to sue the train company for negligence but the court ruled in favor of the railroad because the conductor was not proximate-enough cause to incur liability for the injuries because there was no way he could of known there was fire works in the bag

Qualified Privilege

The defendant must offer evidence of good faith and be absent of malice to be shielded from liability if they are employees of media organizations, or employers providing a reference for an ex-employee. ("Ethan has the Qualifications to get the Privilege to talk to ME")

absolute privilege

The defendant need not offer any further evidence to assert the defense if the defamation claim is between government officials, judicial officers during proceedings, or state legislators. ("Jack Gets Shiesty, a Privilege of an Alcoholic")

Actual Damages

The injured party must prove that she suffered some physical harm that resulted in identifiable losses

Proximate (legal) cause

The injured party must prove that the 1) the tortfeasers conduct was also the closest-in proximity cause of the damages and 2) the tortfeasors liability wasnt canceled due to a superseding cause

duty

The injured party must prove that the tortfeasor owed him a duty of care.

tortious conduct

The wrongful action or inaction of a tortfeasor.

truth

To assert truth as a defense, the defendant must prove that the statement was either literally truth or substantially true

Libel (trade libel) and slander

Trade Libel-Creates liability when a competitor makes a false statement that disparages a competing product. Elements: 1. Must be a clear and specific reference to the product; (using the actual brand name of the product) 2. Be made with the knowledge that the statement is false or reckless disregard for the truth 3. Be communicated to a third party.

Turner v. Wells

Turner tried to sue Wells for defamation after he released a report saying Turner was a bully on the dolphins. Court ruled in favor of Wells since Turner was a public figure and the report had no malice and consisted of opinions. ("T.W. there's bullying")

Assumption of Risk

When the injured party knows that a substantial and apparent risk is associated with certain conduct and the party goes ahead with the dangerous activity anyway.

Strict Liability

When the torfeasor may be held liable for an act regardless of intent or willfulness

intentional tort

When the torfeasor was willful in bringing about a particular event that caused harm to another party.

Negligence

When the torfeasor was without willful intent in bringing about a particular event that caused harm to another party.

Yost v. Wabash College, Phi Kappa Psi Fraternity

Yost was hazed by his frat that resulted in serious injuries. He sued his frat and school due to negligence and claimed that the frat owed a duty to Yost and their actions increased the risk of harm to him. Court ruled for Yost

three categories of torts

intentional, negligence, strict liability (S.I.N)

cause in fact

the tortfeasor's conduct was the cause in fact of the damages suffered by the injured party.