business law ch 6

assumption of risk, superseding cause, contributory and comparative negligence

3 defenses to negligence?

torts

a civil wrong not arising from a beach of contract; a breach of a legal duty that proximately causes harm or injury to another

compensatory damages

a plaintiff is awarded this to compensate or reimburse the plaintiff for actual losses

contributory negligence

a plaintiff who was also negligent could not recover anything from the defendant; defense to negligence

superseding cause

an unforeseeable intervening event may break the casual connection between wrongful act and injury to another; it relives the defendant of liability for injuries caused by the intervening/unforeseeable event

conversion

any act that deprives an owner of personal property or of the use of that property without the owners permission and without just cause; ex. theft or if given permission but failed to return it

assault

any intentional and unexcused threat of immediate harmful or offensive contact- words or acts that create a reasonably believable threat

1. knowledge of the risk 2. voluntary assumption of the risk

assumption of risk 2 things?; defense to negligence used in recreational activities such as skiing and skydiving and baseball ames

slander

breach of defamation orally involves the tort of

libel

breaching defamation in writing or other permanent form involves the tort of

duty of care

central to the tort of negligence is the concept of this; the basic principle underlying this is that ppl are free to act as they please so long as their actions do not infringe on the interests of others

punitive damges

damages awarded in tort cases to punish the wrongdoer and deter others from similar wrong doing; are appropriate only when the defendants conduct was particularly reprehensible; available in intentional tort actions

bona fide competitive behavior

defense to wrongful interference in both contractual or business relationship can be shown if this? through aggressive marketing and advertising strategies is permissible interference even if it results in the breaking of a contract

truth, privilege, public figures

defenses to defamation?

tort law

designed to compensate those who have suffered a loss or injury due to another persons wrongful act; purpose of this is to compensate the injured party for the damage suffered

fraudulent misrepresentation

fraud, involves intentional deceit for personal gain; exists only when a person represents as a fact something he or she knows is untrue; fraud is not sellers talk "I am the best in town" = not fraud

battery

if the act that created the apprehension is completed and results in harm to the plaintiff ; an unexcused and harmful or offensive physical contact intentionally performed

actual malice

in general public figures are fair game unless they made the statement with either knowledge of its falsity or reckless disregard of the truth

negligence per se

in or of itself; may occur if an individual violates a statute or an ordinance providing for a criminal penalty and that violation causes another to be injured

transferred intent

intent can be transferred when defendant intends to harm one individual but unintentionally harms a second person

trespass to land

intentional tort against property occurs when a person without permission enters causes or remains on land owned by another person

defamation

involves wrongfully hurting a persons good reputation; either in libel or slander to a third person

proximate cause

legal cause exists when the connection between an act and an injury is strong enough to justify imposing liability; asks whether the injures sustained were foreseeable or were too remotely connected to the incident to trigger liability

dram shop acts

many states passed this under which a bars owner or bartender may be held liable for injuries caused by a person who became intoxicated while drinking at the bar

disparagement of property

occurs when economically injurious falsehoods are made about anthers product or property rather than about anthers reputation; slander of quality or slander of title

licensee

one who is invited or allowed to enter onto the property of another for the licensees benefit

slander of quality

publication of false information about anthers product alleging that is not what its seller claims constitutes the tort of

comparative negligence

replaced by most states for contributory negligence that both plaintiff and defendants negligence are computers and the liability for damages is distributed accordingly; "50 percent rule" if plaintiff was more than 50 % at fault prevents them from recovering any damages

intentional tort

requires intent; the one committing the tort must intend to commit an act

good samaritan statues

someone who is aided voluntarily by another cannot turn around and sue the good Samaritan for negligence; largely to protect volunteer medical personnel

false imprisonment

the intentional confinement or restraint of another persons activities without justification; interferes with the freedom to move without restraint

duty, breach, causation, damages

to succeed in a negligence action the plaintiff must prove 4 things

negligence

tort of this occurs when someone suffers injury bc of anthers failure to live up to a required duty of care; unintentional tort; if no risk is created there is no negligence; the risk must be foreseeable

business torts

torts that generally involve wrongful interference into two categories: interference with a contractual relationship and interference with a business relationship

true

true or false: landowners may even have a duty to protect trespassers against certain risks

intentional and unintentional

two types of torts?

causation in fact

usually can be determined by use of the but for test: "but for" the wrongful act the injury would not have occurred; determines whether there was an actual cause and effect relationship between the act and the injury suffered

consent

whats a main defense to an intentional tort?

slander of title

when publication falsely denies or casts doubt on another's legal ownership of property resulting in financial loss to the property's owner the tort occurs

trespass to personal property

whenever any individual wrongfully takes or harms the personal property of another

business relationship

wrongful interference where a businesspersons devise countless chemed to attract customers; intention of unlawfully driving competitors completely out of the market

contractual relationship

wrongful interference where a valid enforceable contract exists between two parties, a third party knows this contract exits and the third party must intentionally induce a party to the contract to breach the contract`