BUSL

To prove negligence, plaintiffs have to demonstrate four elements are present. The first element is that the plaintiff has to: prove that the defendant's actions were the proximate cause of the plaintiff's injury. demonstrate that the defendant owed it a duty of care. demonstrate that the defendant breached a duty of care. prove that the defendant's conduct caused the injury. demonstrate legally recognizable injuries.

demonstrate that the defendant breached a duty of care.

If you gave your roommate permission to borrow your car for a day and he/she stole your car instead, it would be considered: a. trespass. b. fraud. c. misappropriation. d. nuisance. e. conversion.

e. conversion.

Foreseeability -

excludes liability for harms that were sufficiently unforeseeable at the time of the tortious conduct.

Infliction of Emotional or Mental Distress-

extreme or outrageous conduct intentionally or recklessly causing severe distress.

Contributory Negligence -

failure of a plaintiff to exercise reasonable care for his own protection, which in a few States prevents the plaintiff from recovering.

Which of the following is an example of invasion of privacy? Specific events in a public figure's life that has shaped them into the person that they are A newspaper item dealing with an accident The background of a candidate for public office Hacking into a person's computer A stranger cutting in line in front of you

haking

invasion of privacy False light

highly offensive and false publicity about another.

Public disclosure of private facts (unreasonable publicity)

highly offensive publicity of private information.

Strict liability is: the duty of all persons to act reasonably, as established by state tort law. a type of tort where the defendant acts with intent to cause a particular outcome. imposed in certain situations without regard to fault or due care. the responsibility of all people to exercise a reasonable amount of care in their dealings and interactions with others. a breach of contract.

imposed in certain situations without regard to fault or due care.

False Imprisonment-

intentional confining of a person against her will.

Conversion -

intentional exercise of control over another's personal property resulting in significant loss of property value.

Assault-

intentional infliction of apprehension of immediate bodily harm or offensive contact.

Battery-

intentional infliction of harmful or offensive bodily contact.

Interference with Contractual Relations -

intentionally causing one of the parties to a contract not to perform.

Trespass

- wrongfully entering on land of another.

Punitive damages are: money damages awarded to punish the defendant for gross and wanton negligence and to deter future wrongdoing. money damages whose amount the parties designate during the formation of a contract for the injured party to collect as recompense upon a specific breach. money damages to recompense for economic losses, or losses stemming from injuries. very small damages awarded to show that the loss suffered was technical rather than actual. pre-established damages for cases where calculating a correct sum is deemed difficult.

A

This doctrine holds that employers are liable for tortious acts committed by employees while acting within the scope of their employment. Stare decisis Strict liability Res ipsa loquitur Respondeat superior (vicarious liability) Voir dire

C

Duty to Act

A person is under a duty to all others at all times to exercise reasonable care for the safety of the others' person and property; however, except in special circumstances, no one is required to aid another in peril.

_____ takes place when someone intentionally confines or restrains another person's movement or activities without justification. Tortious interference False imprisonment Invasion of privacy Intimidation Brainwashing

False imprisonment

Strict Liability

A matter of public policy and may not require a showing of fault

The attractive nuisance doctrine would most likely apply to which of the following? Piles of sand A meter reader A utility repair technician Rescuing someone in distress Giving your roommate permission to borrow your car for a day

A pile of sand

Which of the following is true about the tort of assault? In assault, the contact or touching does not have to be in person It is a completed battery Physical injuries are required for assault It is any unconsented touching, even if physical injuries are not present A sense of apprehension of physical harm or offensive contact are enough for assault

A sense of apprehension of physical harm or offensive contact are enough for assault

Negligence

Compensatory Damages are generally the appropriate remedy.

Negligence

Conduct that falls below the standard established by law for the protection of others again unreasonable risk of harm. To establish negligence, the plaintiff must prove: Duty of care, Breach of duty, Factual case, Harm, and Scope of liability.

Defenses to intentional torts

Consent - a person may not recover for injury to which he willingly and knowingly consents. Self-Defense - a person may take appropriate action to prevent harm to himself where time does not allow resort to the law. Can a party use deadly force to defend property?

Defenses to Strict Liability

Contributory Negligence - is not a defense to strict liability. Comparative Negligence - some States apply this doctrine to some strict liability cases. Assumption of Risk - express assumption of risk is a defense to an action based upon strict liability.

Harm to the right of dignity Defamation Libel Slander

Defamation - false communication that injures a person's reputation. Generally requires proof that defendant made a false statement of fact that was published and harmed the reputation of the plaintiff. Libel-written or electronically transmitted defamation Slander-spoken defamation.

Which of the following is NOT true about the shopkeeper's privilege? A. Businesses confronted with potential thieves are permitted to detain suspects until police arrive at the establishment. B. The detention must be done in reasonable conditions. C. The business owner has the right to detain a suspected shoplifter for a reasonable period of time. D. The grounds and manner of the detention must be reasonable or the store may be liable for false imprisonment. E. Store employees are allowed to use excessive force in detaining the suspect if the suspect violently resists detention.

E. Store employees are allowed to use excessive force in detaining the suspect if the suspect violently resists detention.

Factual (Actual) Cause

The defendant's conduct is the factual (actual) cause of the harm when the harm would not have occurred absent the conduct.

Which of the following statements is true regarding intentional infliction of emotional distress (IIED)? It is extreme conduct (measured subjectively) that intentionally causes severe emotional distress to another. In a sense, IIED can be thought of as an assault to emotions. All states require the plaintiff demonstrate some physical manifestation of the psychological harm to win any recovery. IIED is meant to protect against both mild and extreme behaviors. For a plaintiff to win an IIED case, he/she has to demonstrate that the defendant acted in such a way that if the facts were told to a reasonable member of the community, that member would exclaim that the behavior is "outrageous."

For a plaintiff to win an IIED case, he/she has to demonstrate that the defendant acted in such a way that if the facts were told to a reasonable member of the community, that member would exclaim that the behavior is "outrageous."

The tort of conversion is the civil equivalent to the crime of: theft. infraction. misdemeanor. felony. forfeiture.

theft.

Strict Liability

Liability for non-intentional and non-negligent conduct. Activities Giving Rise to Strict Liability Abnormally Dangerous Activity Keeping of Animals Product Liability Manufacturing Defects Design Defects Defect in Instructions and Warnings

Types of Defects

Manufacturing (products departs from its design specifications). Examples might include a cracked chain on a swing, contaminated cough syrup, a moped with no brake pads, or contaminated food, such as e-coli in spinach. Design (foreseeable risk of harm could have been reduced or avoided by a reasonable design alternative). Examples might include sunglasses with no UV protection, an electric blanket that causes shocks under certain conditions, and cars such as the Ford Pinto. Failure to Warn (failure to give adequate warning results in the foreseeable injury to a foreseeable plaintiff). Examples might include Yaz birth control side effects (blood clots, stroke), McDonald's coffee case, and the Leesa Bunch case in the text.

Reasonable Person Standard (cont'd):

Mental Disability - a mentally disabled person is held to the reasonable person standard. Superior Skill or Knowledge - if a person has skills or knowledge beyond those possessed by most others, these skills or knowledge are circumstances to be taken into account. Emergencies - the reasonable person standard applies, but the emergency is considered. Violation of Statute - if the statute applies, the violation is negligence per se in most states (no need to convince jury that defendant's conduct was negligent).

"Castle Doctrine" under Ohio Law

O.R.C. Sec. 2305.64 (A) states that you only have the right to use non-deadly force to protect property, except in the case of a home invasion where it is automatically inferred that you are protecting yourself or another person.

Which of the following is an example of the tort of battery? A person drives at another person Holding a gun to a person's head without firing Throwing something at one person that causes a nearby person to be placed in apprehension A person shakes a fist under another person's nose Picking up a chair and hitting another person with it

Picking up a chair and hitting another person with it

Products Liability

Products which cause injury may lead to the manufacturer, wholesaler, distributor and/or retailer being held strictly liable for user's injury.

_____ refer(s) to promotional statements expressing subjective views. A direct lie Puffery Tortious interference Injurious falsehood Deception

Puffery

Intentional Torts

Punitive Damages may be awarded if conduct is malicious and willful. (8th amendment-no excessive fines—can't be too large; also due process limitation)

The oral form of defamation is considered: a. libel. b. puffery. c. malice. d. slander. e. misrepresentation.

Slander

_____ provides strong protection for sensationalist "news" organizations that cover celebrity gossip, and courts have held that public figures must show actual malice before they can win a defamation lawsuit. The Eighth Amendment The Fourth Amendment The Sixth Amendment The First Amendment The Fifth Amendment

The First Amendment

In most states, _____ takes place when someone publishes false information about another person's product. fraudulent misrepresentation trade disparagement battle of the forms innocent misrepresentation negligent misrepresentation

trade disparagement

Parties Liable

Tortfeasor will be liable for his or her own torts. Principals (employers) are liable for the torts of their agents if the agent is acting within the course and scope of the employment at the time the tort is committed (respondeat superior).

_____ is the intentional damage of another person's valid contractual relationship. IIED Malicious prosecution Breach of fiduciary duty Abuse of process Tortious interference

Tortious interference

Battery

_____ is any unconsented touching, even if physical injuries are not present. Battery Misappropriation Assault Nuisance Libel

Defenses to Defamation

Truth Absolute privilege Conditional (limited or qualified) privilege Constitutional privilege - Floor of Congress and Court Room Testimony or Argument

Appropriation -

unauthorized use of a person's identity.

Nuisance

a nontrespassory interference with another's use and enjoyment of land.

Physical Disability -

a disabled person's conduct must conform to that of a reasonable person under the same disability

Negligence is distinguished from intentional torts in that: a. there is a lack of intent to cause harm. b. the tortfeasor knows with substantial certainty that certain consequences will result from the act. c. it involves assault and battery. d. it involves conscious wrongdoing. e. there is neither intent nor carelessness.

a. there is a lack of intent to cause harm.

Trespass -

an intentional taking or use of another's personal property.

Personal Property

any property other than land.

Intrusion -

unreasonable and highly offensive interference with the seclusion of another.

_____ is the act of wrongfully hurting a living person's good reputation. a. Misappropriation b. Defamation c. Misrepresentation d. Puffery e. Nuisance

b. Defamation

_____ takes place when a person or company uses someone else's name, likeness, or other identifying characteristic without permission. a. Fraud b. Injurious falsehood c. Misappropriation d. Intrusion e. Fictionalization

c

Interference with Prospective Advantage -

use of inappropriate means to drive away potential customers of another party.

The tort of _____ takes place when someone takes your property permanently. trespass invasion of privacy conversion nuisance Misappropriation

conversion

Comparative Negligence -

damages are divided between the parties in proportion to their degree of negligence; applies in almost all States.

Reasonable person standard -

degree of care that a reasonable person would exercise under all the circumstances.

Real Property -

land and anything attached to it.

_____ is the written form of defamation. Malice Injurious falsehood Libel Slander Puffery

libel

Children -

must conform to conduct of a reasonable person of that same age, intelligence and experience under all the circumstances.

Assumption of Risk -

plaintiff's express and voluntary consent to encounter a known danger

Disparagement -

publication of false statements about another's property or products.

An advertisement that promises "the best food in town" is an example of _____ since it is opinion. deception misrepresentation puffery tortious interference injurious falsehood

puffery

Fraud: can arise only in a few limited circumstances. is the use of another person's name, likeness, or other identifying characteristic without permission. requires the tortfeasor to misrepresent facts, with reckless disregard for the truth. is a completed assault. requires an innocent misrepresentation.

requires the tortfeasor to misrepresent facts, with reckless disregard for the truth.

If a tortfeasor is engaged in certain activities and someone is injured or killed, then under _____ the tortfeasor is held liable no matter how careful/careless he/she may have been. a. intentional tort b. strict liability c. the tort of negligence d. injurious falsehood e. misrepresentation

strict liability