Tort Law & Products Liability

What is the difference between tort law and criminal law

A crime is a wrong that arises from a violation of a public duty whereas a tort is wrong that arises from a violation of private duty.

Duty of care owed to licensees

A licensee is one invited or allowed on the land by the landowner for social purposes that have no economic value to the landowner.

Defamation: Defenses

Truth - absolute defense, consent, privilege

Elements of Misrepresentation

Under contract law, a plaintiff can recover against a defendant on the grounds of fraudulent misrepresentation if (1) a representation was made; (2) that was false; (3) that when made, the representation was known to be false or made recklessly without knowledge of its truth; (4) that it was made with the intention that the plaintiff rely on it; (5) that the plaintiff did rely on it; and (6) that the plaintiff suffered damages as a result.

Defamation

communication, publication to a third party of a false statement asserted as a fact that injures the plaintiff's reputation by exposing him to hatred, ridicule or contempt

the plaintiff recover the proportionate amount of damages attributed to the defendant's negligence

comparative fault

A plaintiff's negligence that is partly responsible for the plaintiff's injuries is called

contributory negligence

Libel and slander are two types of

defamation

Wrongful intentional detainment of another person

false imprisonment

Duty of Landowner

for CONDITIONS on the land (not conduct of landowners)

Negligence

harm caused by failure to exercise due care

Intentional Torts

harm caused by intentional conduct

Trespasser

If a person is an undiscovered trespasser, then the landowner has a duty to refrain from willful or wanton misconduct. Whereas, if a landowner knows that trespassers have been on his/her land, then these persons are discovered trespassers to whom the landowner owes the duty of ordinary care to warn of danger

that is communicated written word or visual communication

libel

Intentional torts require the plaintiff to prove causation, injury or harm a voluntary act by the defendant but not?

malicious intent

Slander

must introduce proof of actual damages with exception of slander per se

Punitive damages

must show malice; you knew statement was false said it anyway or high degree of certainity that it was false

Failure to act as a reasonably prudent person would act under similar circumstances

negligence

If a person violates a statute that was designed to protect class of persons from the harm suffered by the plaintiff it is called

negligence per se

Intentional torts against people: Assault

no touching required! threat must be of immediate contact, credible intent, plaintiff must be aware of threat, expectation not free is all that is required

Intentional torts against people: Battery

offensive contact with the plaintiff's body or with something in contact with it does not require touch must show harmful or offensive, does not need to show the defendant meant to be harmful

Libel

presumed damages

Liability is for defamation tort depends on whether the ___________ or __________________person is __________ or ____________

public or private/public or private

The standard of care that is used to determine whether a party is negligent is what hypothetical __________________________ would have done under reasonable circumstances

reasonable person

Defamation of another person that is communicated orally

slander

A shopkeeper may lose the privilege afforded shopkeepers who detain a customer if?

the customer is kept the unreasonable amount of time, acted without reasonable suspicion, the shopkeeper acted with unnecessary force

defamation claim

the defamatory statement must be a statement that implies objective no opinion, unprivileged publications to a third party, damages,

Voluntary Act

the defendant's act must be volitional, the defendant must have moved in some way as a result of conscious decision to move, for example, bodily movements when a person is unconscious are not intentional

Torts that Protect certain economic interests in business and relationships - Misrepresentation

Misrepresentation

Nuisance - Private

thing or activity that substantially and un-reasonable interferes with plaintiffs use and enjoyment of their land or interest in land

Torts against property

trespass of land

Landowners 3 types of visitors

trespassers, licensees, invitees

defenses against defamation

truth, consent, a privilege qualified or absolute - example credit report

Nuisance - Public

unreasonably interferes with the right possessed by general public

Trespasses to land

violation act, with intent to enter, cause invasion directly or indirectly; damages nominal

What is Tort law

wrong," a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm.

Intentional Tort:

1) Actual or applied intent 2) Voluntary act by defendant 3) Causation the plaintiff suffered injury in some form 4) The plaintiff's injuries were caused by the negligence of the defendant.

Negligence Claim

1) Duty 2) Breach of Duty - reasonable person 3) Causation 4) Damages

Goals of Tort Law

1) to compensate the injured party, 2) to deter others from engaging in negligent actions in the future and 3) to protect the victim's legal rights.

Duty of care owed to invitees

An invitee is a person a landowner invites onto land to transact business with the landowner. (Also a public invitee is someone who enters land for a purpose that is held open to the public.

Causing another to have apprehension of an imminent battery without making physical contact

Assault

Negligence

In contrast to intentional torts, a tort claim based on negligence allows a plaintiff to recover damages for injuries caused by conduct that is negligent.

Element 1 of intentional tort

Intent the plaintiff must demonstrate that the defendant intended that his actions would have a consequence that the tort law prohibitis: 1. willful purpose 2. substantial certainity

Missouri Law - Intentional infliction of emotional distress

No proof of physical injury required must show the defendant should have realized that his conduct involved an unreasonable risk of causing distress, the emotional distress or mental injury must be medically diagnosed

Shopkeeper's privilege

Permits the store owner to detain a suspected shoplifter based on reasonable suspicion for a reasonable time without resulting liability for false imprisonment to the accused customer.

False imprisonment

Physical barriers, plaintiff must be aware of confinement, force, denial of escape, threats

Negligence - Duty of Care

Plaintiff must show that defendant owed a duty to act (or refrain) from acting a certain way. If no duty is owed, then no cause of action.

Plaintiff voluntarily exposes himself to known danger

assumption of risk

Injurious falsehood

a defendant who makes a false statement to someone about business or property of the plaintiff with the intention of causing economic injury. Trade libel - when statement involves the plaintiff's business or product. Falsehood need not be defamatory. Plaintiff must show economic harm from statement. Consent is full defense. Privilege for fair competition (allows "puffing").

Intentional wrongful contact with the body of another

battery

Invasion of Privacy

a) mis-appropriation picture, name, likeness b) publice disclosure of private fact c) unreasonable intrusion d) false light in public eye

Strict Liability

absolute liability for harm caused because of nature of activity

Protection of legal liability for a tort

immunity

John owed Barney money. Barney called John's home several times per day for five weeks demanding repayment. Some of the calls were after midnight. Barney might be libel for?

infliction of emotional distress

Three general classes of torts

intentional torts against people, property and protect certain economic interests and business relationships

Intentional infliction of emotional distress

intentionally or recklessly doing something extreme and outrageous that causes plaintiff to feel severe emotional or mental distress; reckless conduct done with deliberate disregard of a high degree of probability that an injury will incur

Landowner's owe the highest duty of care to

invitees

Interference with a contract

involves three parties (Plaintiff, Defendant, Third Party Contracting with Plaintiff) Defendant causes third party to breach contract with plaintiff - liable for monetary losses plaintiff suffers due to breach.