Test 2 - Blaw
example of establishing trespass
"Posted" trespass signs expressly establish as a trespasser a person who ignored these signs and enters onto the property
Pure Form Comparative Negligence
- allows the plaintiff to recover, even if the extent of his or her fault was greater than that of the defendant - if the plaintiff was 80 percent at fault and the defendant 20 percent at fault, the plaintiff can recover 20 percent of his or her damage
4 types of declarations considered to be slander per se
1. A statement that another has a "loathsome" disease (such as a sexually transmitted disease) 2. A statement that another has committed improprieties while engaging in a profession or trade 3. A statement that another person has committed or has been imprisoned for a serious crime 4. A statement that a person is unchaste or has engaged in serious sexual misconduct
strict product liability public policy rests on a threefold assumption:
1. Consumers should be protected against unsafe products. 2. Manufacturers and distributors should not escape liability for faulty products simply because they are not in privity of contract with the ultimate user of those products. 3. Manufacturers and distributors can better bear the costs associated with injuries caused by their products, because they can ultimately pass the costs on to all consumers in the form of higher prices
manufacturers must use due care in all of the following areas:
1. Designing the product 2. Selecting the materials 3. Using the appropriate production process 4. Assembling and testing the product 5. Placing adequate warnings on the label to inform the user of dangers of which an ordinary person might not be aware 6. Inspecting and testing any purchased components used in the product
In deciding whether the requirement of causation is met, the court addresses 2 questions:
1. Is there causation in fact? 2. Was the act the proximate, or legal, cause of the injury?
establishing defamation involves 4 elements:
1. The defendant made a false statement of fact. 2. The statement was understood as being about the plaintiff and tended to harm the plaintiff's reputation. 3. The statement was published to at least one person other than the plaintiff. 4. If the plaintiff is a public figure, she or he must also prove actual malice.
product liability is a matter of social policy and based on 2 factors:
1. The manufacturer can better bear the cost of injury because it can spread the cost throughout society by increasing the prices of its goods. 2. The manufacturer is making a profit from its activities and therefore should bear the cost of injury as an operating expense.
Tort of fraudulent misrepresentation includes 5 elements:
1. a misrepresentation of material facts or conditions with knowledge that they are false or with reckless disregard for the truth 2. an intent to induce another party to rely on misrepresentation 3. a justifiable reliance on the misrepresentation by the deceived party 4. damages suffered as a result of that reliance 5. a causal connection between the misrepresentation and the injury suffered
3 basic affirmative defenses in negligence cases (defenses that a defendant can use to avoid liability even if the facts are as the plaintiff states):
1. assumption of risk 2. superseding cause 3. contributory and comparative negligence
4 acts that qualify as invasions of privacy under COMMON law:
1. intrusion into an individual's affairs or seclusion 2. false light 3. public disclosure of private facts 4. appropriation of identity
In determining whether the duty of care has been breached, courts consider several factors:
1. nature of the act (outrageous or commonplace) 2. manner in which the act was performed (cautiously vs. heedlessly) 3. the nature of the injury (serious or slight)
6 requirements for struct product liability
1. product must be defective when it was sold 2. defendant must normally be engaged in business of selling the product 3. product is unreasonably dangerous 4. plaintiff must incur physical harm to self or property from using product 5. defective condition must be proximate cause of injury or damage 6. goods must have not been substantially changed from the time the product was sold to the time the injury was sustained
3 elements necessary for wrongful interference with a contractual relationship to occur:
1. valid, enforceable contract must exist between the 2 parties 2. 3rd party must know that this contract exists 3. 3rd party must intentionally induce a party to the contract to breach the contract
tort
A civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another.
actual malice
A condition that exists when a person makes a statement with either knowledge of its falsity or a reckless disregard for the truth.
Defendants in product liability suits can raise a number of defenses.
A defendant can show that there is no basis for the plaintiff's claim. In an action based on negligence, a defendant can show that the plaintiff has not met the requirements for such an action (such as causation). In a case involving strict product liability, a defendant can claim that the plaintiff failed to meet one of the requirements.
Assumption of Risk
A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger.
product misuse
A defense against product liability that may be raised when the plaintiff used a product in a manner not intended by the manufacturer. If the misuse is reasonably foreseeable, the seller will not escape liability unless measures were taken to guard against the harm that could result from the misuse.
Transferred Intent
A legal principle under which a person who intends to harm one individual, but unintentionally harms a second person, can be liable to the second victim for an intentional tort.
damages
A monetary award sought as a remedy for a breach of contract or a tortious action.
Compensatory Damages
A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party.
license to come onto land example
A person who enters another property to read an electric meter
liquidated damages
A predetermined amount of money to be paid and received as compensation for a breach of contract. not punitive damages & must be a reasonable amount
puffery
A salesperson's exaggerated claims concerning the quality of goods offered for sale. (involve opinions rather than facts and are not considered to be legally binding promises or warranties)
interrogatories
A series of written questions set to a party by another party for which written answers are prepared by a party's attorney to a lawsuit and then signed under oath. Answers may be used as evidence at trial.
Dram Shop Act
A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication.
Good Samaritan Statute
A state statute that provides that persons who rescue or provide emergency services to others in peril—unless they do so recklessly, thus causing further harm—cannot be sued for negligence.
Contributory Negligence
A theory in tort law under which a complaining party's own negligence contributed to or caused his or her injuries.
comparative negligence
A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence.
trespass was warranted example
A trespasser entering a building to assist someone in danger
causation in fact
An act or omission without ("but for") which an event would not have occurred.
General Damages
An amount awarded to compensate individuals for the nonmonetary aspects of the harm suffered, such as pain and suffering; not available to companies
Special Damages
An amount awarded to compensate the plaintiff for quantifiable monetary losses, such as medical expenses, property damage, and lost wages and benefits (now and in the future).
disparagement of property
An economically injurious falsehood about another's product or property; aka slander of quality or slander of title
public figure
An individual in the public limelight.
superseding cause
An intervening force or event that breaks the connection between a wrongful act and an injury to another
Liability for Harm
At common law, a trespasser is liable for any damage caused to the property and generally cannot hold the owner liable for injuries that the trespasser sustains on the premises.
Establishing Trespass
Before a person can be a trespasser, the real property owner must establish that person as a trespasser
failure to return goods
Even when the rightful owner consented to the initial taking of the property, so no theft or trespass occurred, a failure to return the property may still be conversion.
Qualified Privilege
Generally, if the statements are made in good faith and the publication is limited to those who have a legitimate interest in the communication, the statements fall within the area of qualified privilege. Example: An employer's statements in written evaluations of employees
malicious prosecution
If a party initiates a lawsuit out of malice and without a legitimate legal reason, and ends up losing the suit, that party can be sued for malicious prosecution.
answer
Procedurally, a defendant's response to the plaintiff's complaint. It admits or denies allegations in the complaint. Sets out defenses to the plaintiff's action that may be raised
malpractice
Professional misconduct or the failure to exercise the requisite degree of skill as a professional.
the publication requirement
Publication means that the defamatory statements are communicated (either intentionally or accidentally) to persons other than the defamed party.
compensation
In a tort action, one person or group brings a lawsuit against another person or group to obtain compensation (monetary damages) or other relief for the harm suffered.
proximate cause
Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.
statement-of-fact requirement
Making a negative statement about another person is not defamation unless the statement is false and represents something as a fact rather than a personal opinion; statements of opinion protected under 1st amendment
Punitive Damages
Money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct.
Statement of Fact vs Opinion
Normally, the tort of fraudulent misrepresentation occurs only when there is reliance on statement of fact; however, reliance on a statement of opinion may involve the tort of fraudulent misrepresentation if the individual making the statement of opinion has superior knowledge of the subject matter.
licensee
One who receives a license to use, or enter onto, another's property.
proving a defective condition
Plaintiff does not need to show why or in what manner the product became defective. But plaintiff must show product was defective and "unreasonably dangerous" at purchase
________ seek various remedies, or damages in tort actions.
Plaintiffs
T/F There is a duty to warn about risks that are obvious or commonly known.
false
T/F: A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will be allowed to recover for any consequent injury.
false
power to hear cases only involving particular issues:
family court, bankruptcy court, tax court, small claims court
arbitration is ______ and _______ than a trial
faster and less expensive
examples of public figures
government officials, politicians, movie stars, well-known businesspersons, generally anybody who becomes known to the public because of his or her position or activities
harms that are difficult to measure in damages
humiliation, injured reputation, emotional distress
Knowledgable User
if the particular danger (such as electrical shock) is commonly known by particular users of the product (such as electricians), the manufacturer need not warn these knowledgable users of the danger
example of liability for harm
if young children are attracted to the property by some object, such as a swimming pool, and are injured, the landowner may be held liable under the attractive nuisance doctrine
"cause in fact"
in a product liability suit based on negligence, the plaintiff must show that the defendant's conduct was the "cause in fact" of the injury
arbitration vs. mediation: time
in arbitration, date is agreed upon by parties and is quicker than court but longer than mediation
negotiation & settlement
informal dispute resolution; parties reach an agreement to pay money or do something in exchange for the lawsuit being dropped; may happen at any stage of dispute (before, during, or after trial); usual result is a written settlement agreement that is an enforceable contract; negotiated settlements can be kept private & can avoid damaging the relationship between the parties
almost all courts extend the strict liability of manufacturers and other sellers to ______________
injured bystanders
2 classifications of torts
intentional and unintentional (negligence)
courts apply a ___________ test to determine if the warnings adequately alert consumers of the product's risks
reasonable
example of actionable
repeated annoyances (such as those experienced by a person who is being stalked) coupled with threats
motion practice
requests to the judge to make a decision about some aspect of the case (discovery matters, admission of evidence, dismissal of a case)
Negligent Misrepresentation
requires only that 1 person making statement/omission did NOT have reasonable basis for believing its truthfulness
litigation
resolving disputes through the courts
False imprisonment interferes with the freedom to move without __________.
restraint (it is essential that the person being restrained does not wish to be restrained)
intentional torts
result from the intentional violation of person or property (fault plus intent)
Unintentional Torts (Negligence)
results from the breach of a duty to act reasonably (fault without intent)
example of tort law
society recognizes an interest in protecting property, & tort law provides remedies for acts that cause destruction of or damage to property
Types of Compensatory Damages
special damages, general damages, punitive damages
complaint
starts the process, served and filed by the plaintiff, explains the plaintiff's claim
some ___________________________ explicitly provide for privacy rights, as do a number of _______________________________
state constitutions; federal and state statutes
example of absolute privilege
statements made by attorneys and judges during a trial
Statutes of Limitations and Repose
statutes of limitations restrict the time within which an action may be brought
to endure that sellers and manufacturers will not be left vulnerable to lawsuits indefinitely, many states have passes __________________, which place outer limits on product liability actions
statutes of repose
strict product liability also applies to _____________ of component parts
suppliers
depositions
sworn testimony by witness and is recorded and transcribed by a court reporter, helps judge how a witness will perform if she is called to testify at a trial
privilege
the ability to act contrary to another person's right without that person's having legal redress for such acts
who is the answer served by
the defendant
who served the countercliam
the defendant
duty
the defendant owed a duty of care to the plaintiff
punitive damages are appropriate only when...
the defendant's conduct was particularly egregious (outrageous) or reprehensible (shameful)
liability for negligent misrepresentation usually arises when __________ who made the misrepresentation owed a duty of care to the plaintiff to __________________________
the defendant; supply correct information
Negligence is a failure to exercise
the degree of care that a reasonable, prudent person would have exercised under the circumstances
False Imprisonment
the intentional confinement or restraint of another person's activities without justification
Duty of Professionals
the law takes their training and expertise into account (physicians, accountants, lawyers, etc.)
wrongs
Tort law is designed to compensate those who have suffered a loss or injury due to another person's wrongful act
How is actionable limited by the first amendment?
When the outrageous conduct consists of speech about a public figure, the first amendment's guarantee freedom of speech limits emotional distress claims.
business torts generally involve:
Wrongful interference with another's business rights.
counterclaim
a claim made to rebut a previous claim.
In most states, the doctrine of contributory negligence has been replaced by _______________________________.
a comparative negligence standard
preemption
a defense that has been successfully raised by defendants in recent years
manufacturing defects
a departure from a product unit's design specifications that results in products that are physically flawed, damaged, or incorrectly assembled
Central to the tort of negligence is the concept of:
a duty of care
example of statement of fact vs. opinion
a lawyer who makes a statement of opinion about the law in a state in which she or he is licensed to practice
example of public disclosure of private facts
a newspaper account of a private citizen's sex life
privacy
a person has a right to solitude and freedom from prying public eyes
example of qualified privilege
an employer's statements in written evaluations of employees
examples of battery
an unwelcome kiss, rock thrown by defendant
to establish assumption of risk, defendant must show:
the plaintiff knew and appreciated the risk created by the product defect & the plaintiff voluntarily assumed the risk--by express agreement or by words of conduct--even though it was unreasonable to do so
Subject Matter Jurisdiction
the power of a court to hear a particular type of case
design defects
the product is made in conformity with manufacturer design, but the design itself is faulty
commercial contracts often have a _________________ requiring disputes to be arbitrated
arbitration clause
In contract negotiation, consider __________________ and avoid ________________________.
areas of potential conflict and avoid vague/confusing terms that are subject to multiple interpretations
requests for admissions
asks a party to admit or deny facts about a case; dtermine the facts that are agreed upon, so they don't have to be proven at trial
Who are adversarial parties represented by?
attorneys
appeal
base on the claim that there was an error of law; case is presented to a judge or a panel of judges, not a jury
T/F: A person who is injured by a defective product may bring a negligence suit even though he or she was not the one who actually purchased the product—and thus is not in privity
true
T/F: In the 1960s, courts applied the doctrine of strict liability in several landmark cases involving manufactured goods, and it has since become a common method of holding manufacturers liable.
true
T/F: Initially, few U.S. courts accepted the doctrine; today, however, the doctrine of strict liability is the norm rather than the exception.
true
T/F: The modern concept of strict liability traces its origins to nineteenth century England
true
T/F: Under the doctrine of strict liability, a person who engages in certain activities can be held responsible for any harm that results to others, even if the person used the utmost care
true
T/F: businesspersons are prohibited from unreasonably interfering with another's business in their attempts to gain a greater share of the market
true
Defenses to Defamation
truth and privilege
What happens if the defendant doesn't have contact with jurisdiction?
unfair for court to have authority over defendant
example of appropriation of identity
using a person's name or picture for commercial purposes without permission (most states have codified this tort in statutes that establish the distinct tort of appropriation, or right of publicity)
jury selection
voir dire, questioning jurors (determine potential bias, find ineligibility to serve on the jury)
key difference between intentional and negligent misrepresentation:
whether the person making the misrepresentation had actual knowledge of its falsify
How does the complaint explain the plaintiff's claim?
why the court has the power to hear the case, alleged facts of the case, legal claims, relief sought
an answer must be served ________________ or _______ will be entered by default
within a specific time; judgement
example of false light
writing a story that attributes to a person ideas and opinions not held by that person
document requests
written request for documents, electronically stored info, or other items; documents or other items in the care, custody, or control of the other party
2 notions serve as the basis of all torts
wrongs and compensation
verdict
by the jury, unless a jury trial is waived & the case is heard only by the judge; final decision on facts
abuse of process
can apply to any person using a legal process against another in an improper manner or to accomplish a purpose for which the process was not designed
if special damages for slander cannot be proved, a plaintiff alleging slander normally ___________(can/cannot) go forward with the suit and recover any damages.
cannot
actionable
capable of serving as the basis of a lawsuit; the act must be extreme and outrageous to the point that it exceeds the bounds of decency accepted by society
_____________ are the norm in negligence cases
compensatory damages
avoiding disputes
contract negotiation, liquidated damages, maintaining business relationships, and cultural issues
intention
conversion can occur even when a person mistakenly believed that he or she was entitled to the goods
motion for summary judgement
court is asked to decide a case without a trial; no undisputed factual questions; judge decides case based on evidence gathered up to the time of the motion
slander
defamation in oral form
Who must have sufficient contact with jurisdiction?
defendant
breach
defendant breached that duty
discovery methods
depositions, interrogatories, requests for admission, document requests
intentional torts against property
distinguishes real property from personal property; trespass to land, trespass to personal property, conversion, disparagement of property
To succeed in a negligence action, the plaintiff must prove each of the following:
duty, breach, causation, damages
the "American Rule"
each party is responsible for their own litigation expenses
Statutes of response run ________ and _______ than statutes of limitations.
earlier and longer
direct examination
examination of a witness by his or her attorney
Legislative Caps on Damages
State laws may limit the amount of damages—both punitive and general—that can be awarded to the plaintiff.
tolling
Temporary suspension of the running of a prescribed period (such as a statute of limitations). For instance, a statute of limitations may be tolled until the party suffering an injury has discovered it or should have discovered it.
commonly known dangers
The dangers associated with certain products (such as matches and sharp knives) are so commonly known, manufacturers need not warn users of those dangers.
Causation
The defendant's breach caused the plaintiff's injury
duty of care
The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. (Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence.)
Trespass to Land
The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization. (actual harm to land not essential)
contract negotiation
The evaluation of services to be performed and/or assets to be included in a contract in exchange for compensation. Includes terms for termination of a relationship. Dispute resolution.
negligence
The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances. Tortfeasor neither wishes to bring about the consequences of the act nor believe that they will occur
During battery, will the plaintiff have the right to be compensated for the emotional and/or physical harm?
yes
Scope of Discovery
•Any non-privileged matter relevant to any party's claim or defense •Proportional to the needs of the case •Information need not be admissible in evidence at trial to be discoverable
Arbitration & Similarities to Litigation
•Parties often engage in discovery •Case is submitted for a final decision •Parties usually give opening statements •Evidence and witnesses are presented to the arbitrator
Maintaining Business Relationships
•Status meetings, to check in on the progress of a contract •Keep communication open (Avoid misunderstandings & Avoid having small disputes become magnified)
common types of trespass to land include:
•Walking or driving on another's land •Shooting a gun over another's land •Throwing rocks at a building that belongs to someone else
Cultural Issues
•Ways of communicating or establishing an agreement may vary •Cultural advisors may help understand differences when dealing internationally
libel
Defamation in writing or in some other form (such as in a digital recording) having the quality of permanence.
risk-utility analysis
Determines whether the risk of harm from the product outweighs its utility to the user and public.
cross-examination
The questioning of an opposing witness during a trial.
privity of contract
The relationship that exists between the promisor and the promisee of a contract.
reasonable person standard
The standard of behavior expected of a hypothetical "reasonable person." The standard against which negligence is measured and that must be observed to avoid liability for negligence.
In a defamation suit, a statement made about a public figure normally must be made with ___________________ for liability to be incurred.
actual malice
What type of process is litigation?
adversarial process
personal property
all other items, like cash and securities
____________ imply a right to privacy
amendments to the U.S. Constitution
truth
an absolute defense against defamation
damages for libel
once a defendant's liability for libel is established, general damages are presumed as a matter of law
Types of Defamation
libel and slander
The Restatement (Third) of Torts: Products Liability defines 3 types of product defects that have traditionally been recognized in product liability law:
manufacturing defects, design defects, inadequate warnings
example of bona fide competitive behavior
marketing and advertising
What happens if a case is brought in the wrong place?
may be removed to the correct court
arbitration vs. mediation: cost
mediation typically lower than arbitration
jurisdiction in federal court requires:
minimum amount in question, diversity of citizenship, federal question
minimum amount in question for federal court in jurisdiction
more than $75,000
state court in regard to jurisdiction
must have personal & subject matter jurisdiction
federal court in relation to jurisdiction
need to qualify for federal court to have jurisdiction
If no risk is created, there is no
negligence
product liability may be based on the theories of:
negligence, misrepresentation, strict liability, and breach of warranty
alternative dispute resolution
negotiation & settlement, mediation, arbitration, other methods
Are good intentions a defense against conversion?
no
Does there have to be actual contact with the plaintiff for it to be considered assault?
no, all there has to be is proof of intention of harm
Does the mediator make the decision?
no; parties are not required to settle the dispute
discovery
obtaining info about a case from another party & allows parties to maintain evidence that helps their case, makes parties aware of evidence in favor of the opposing side, helps narrow questions to be decided during trial
Tortfeasor
one who commits a tort (an evil or harmful motive is not required)
absolute privilege
only in judicial proceedings and certain government proceedings
arbitration
parties present their case to a neutral 3rd party (arbitrator) who makes a decision; may agree to be bound by the arbitrator's decision; limited grounds for appealing decision
mediation
parties work with a neutral 3rd party (mediator) to resolve the dispute; each party presents a brief summary of the facts, evidence, and argument in support of their position; mediator may explain strengths/weaknesses of each side's position; mediator tries to help parties come to a resolution of their dispute; usually less contentious than litigation
basic principle underlying duty of care
people are free to act as they please so long as their actions do not infringe on the interests of others
Bona fide competitive behavior
permissible interference even if it results in the breaking of a contract
confinement can be accomplished through
physical barriers, physical restraint, threats of physical force
presentation of the case
plaintiff goes first; case is presented by questioning witnesses (direct examination & cross-examination; motion for directed verdict by defendant after plaintiff presents case (claims plaintiff has not presented enough evidence to make her claim & routinely made in most trials); defendant follows plaintiff & presents case in the same way
How to establish slander of quality
plaintiff must prove that the improper publication caused a 3rd person to refrain from dealing with the plaintiff and that the plaintiff sustained economic damages as a result
damages
plaintiff suffered legally recognizable injury
50 % rule
prevents plaintiff from recovering any damages if he was more than 50% at fault; a plaintiff who is 35% at fault can recover 65% of his damages, but a plaintiff who is 65% at fault can recover nothing
For fraud to occur, more than mere _________ must be involved.
puffery
business invitees
Those people, such as customers or clients, who are invited onto business premises by the owner of those premises for business purposes.
fraudulent misrepresentation
Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.
defamation
Any published or publicly spoken false statement that causes injury to another's good name, reputation, or character.
assault
Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat.
pleadings
The initial documents that begin a lawsuit, consisting of the complaint, the answer, and counterclaim
damages for slander
The plaintiff must prove special damages (actual economic loss).
slander of title
The publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner.
Slander of Quality (Trade Libel)
The publication of false information about another's product, alleging that it is not what its seller claims.
trespass to personal property
The unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property. (harm means not only destruction of property but also anything diminishing its value, condition, or quality)
battery
The unprivileged, intentional touching of another.
conversion
The wrongful taking, using, or retaining possession of personal property that belongs to another.
unreasonably dangerous product
a product that is defective to the point that it threatens a consumer's health or safety
To successfully assert a design defect, a plaintiff has to show that:
a reasonable alternative design was available and as a result of the defendant's failure to adopt the alternative design, the product was not reasonably safe
inadequate warnings
a seller must warn consumers of the harm that can result from the foreseeable misuse of product
statute of repose
a statute of limitations that is not dependent on the happening of a cause of action
Personal Jurisdiction
ability to render judgement against the defendant
strict liability may be imposed on defendants in cases involving:
abnormally dangerous activities, dangerous animals, defective products
Contributory negligence is an ___________ bar to recovery in a minority of jurisdictions.
absolute
2 types of privileged communications
absolute and qualified
key difference between torts of abuse of process and malicious prosecution:
abuse of process is not limited to prior litigation and does not require the plaintiff to prove malice
Slander per se
actionable with no proof of special damages required
gross negligence
intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another
business torts 2 categories:
interference with contractual relationship & interference with a business relationship
examples of intrusion
invading someone's home, searching someone's laptop without authorization, eavesdropping by wiretap
Abnormally Dangerous Activities
involve a high risk of serious harm to persons or property that cannot be completely guarded against by the exercise of reasonable care (i.e., storing explosives)
post-trial motions
judgement notwithstanding the verdict (JNOV); motion for a new trial
The court must have ______________
jurisdiction
trial
jury selection, presentation of case
real property
land and things permanently attached to the land, such as a house
Duty of Landowners
landowners are expected to exercise reasonable care to protect individuals coming onto their property from harm. retailers and other business operators have a duty to exercise reasonable care to business invitees and warn them of foreseeable risks, such as wet floors
people have the right not to be sued without a _________ and ________ reason, which protects individuals from misuse of _______________
legally just & proper; litigation
a superseding cause relieves the defendant of ____________
liability
product liability
liability of manufacturers and sellers for harmful or defective products
Strict Liability
liability regardless of fault
persons who keep wild animas are strictly _________ for any harm inflicted by the animals
liable
product liability
those who make, sell, or lease goods can be held liable for physical harm or property damage caused by those goods to a consumer, user, or bystander
Purpose of Tort Law
to compensate for legally recognized harms and injuries resulting from wrongful acts
Purpose of Tort Law
to provide remedies for the violation of various protected interests
defenses against trespass to land
to show that the trespass was warranted OR to show that he or she had a license to come onto the land
tort law and privacy
tort law safeguards these rights through the tort of invasion of privacy
when a consumer is injured as result of manufacturer's fraudulent misrepresentation, the basis of liability may be the:
tort of fraud. (It was intentional and the buyer relied on the misrepresentation)
