BUS Law Chapter 6 Part 1 (TEST 2)

what are the Three elements that are necessary for wrongful interference with a contractual relationship to occur?

-A valid, enforceable contract must exist between two parties. -A third party must know that this contract exists. -This third party must intentionally induce a party to the contract to breach the contract.

what are unfair business practices?

-Business persons are prohibited from unreasonably interfering with another's business in their attempts to gain a greater share of the market. -There is a difference between competitive practices and predatory behavior-actions undertaken with the intention of unlawfully driving competitors completely out of the market. -A plaintiff claiming predatory behavior must show that the defendant used predatory methods to intentionally harm an established business relationship or gain a prospective economic advantage.

what are the two categories that Business torts generally involve wrongful interference with another's business rights?

-Interference with a contractual relationship -Interference with a business relationship

what does Mississippi limit on damages?

-Mississippi limits non-economic damages (including pain and suffering) to $IM -EXCEPT FOR non-economic damages in Medical Malpractice cases which are limited to $500,000.00

what can state laws limit on damages?

-State laws may limit the amount of damages-both punitive and general that can be awarded to the plaintiff. -State laws may limit the amount of damages both punitive and general-that can be awarded to the plaintiff.

what is the purpose of tort law?

-To Provide Remedies for Violation of Protected Interests -example: Society recognizes an interest in protecting property, and tort law provides remedies for acts that cause destruction of or damage to property.

to prove a tort, what all four elements must be met?

-a legal duty -a breach -proximate cause -injury

what are the two notions that serve as the basis for all torts?

-a tort is a civil wrong -compensation

what are the two broad classifications of torts?

-intentional torts -unintentional torts

what are two examples of legal duty of care?

-people have a responsibility -to reasonably deal with others

what does unintentional torts result from?

-torts involving negligence -Negligence results from the breach of a duty to act reasonably (fault without intent).

what is determined based on a "reasonable person standard?"

-which is an objective standard -based on what most rational people would do in the same circumstance

what does transferred intent mean?

A legal principle under which a person who intends to harm one individual, but unintentionally harms a different individual, can be liable to the second victim for an intentional tort

what happens if there is a successful defense?

A successful defense releases the defendant from partial or full liability for the tortious act.

what is a tortfeasor?

One who commits a tort.

what is battery?

The unprivileged, intentional touching of another.

what is a tort?

a civil wrong that is a breach of a legal duty of care that proximately causes the harm or injury to another.

what is an element?

a set of criteria that must all be proven to find someone liable for a tort.

what does imminent mean?

about to happen or there was intentional physical contact

proximate connection between a bad act causes _____________________________________.

an injury to a person or property

What is gross negligence?

an intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another.

in battery, the contact can involve what part of the body?

any part of the body, or anything attached to it.

what is assult?

any word or action intended to make another person fearful of imminent physical harm.

where are punitive damages available?

available in intentional tort actions and only rarely in negligence lawsuits; however, they may be awarded in suits involving gross negligence.

what is it called If the act that created the apprehension is completed and results in harm to the plaintiff,

battery

in battery, what can the contact be like?

be harmful, or it can be merely offensive (such as an unwelcome kiss).

who can the contact be made by in battery?

by the defendant or by some force set in motion by the defendant (such as a rock thrown by the defendant).

what is the most widely used defense in negligence actions?

comparative negligence.

what are general damages?

compensate individuals for the nonmonetary aspects of the harm suffered, such as pain and suffering, physical or emotional pain and suffering, or loss of reputation

what are compensatory damages?

compensate or reimburse the plaintiff for actual losses. A money award equivalent to the actual value of injuries or damages sustained by the aggrieved part.

what are special damages?

compensate the plaintiff for quantifiable monetary losses, such as medical expenses, lost wages, costs of repairs, or costs of replacing property.

the defenses available may very depending on what?

depending on the specific tort involved.

what is 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.

in an intentional tort, the tortfeasor must ________________________, the consequences of which interfere with another's personal or business interests in a way not permitted by law.

intend to commit an act

what is intentional infliction of Emotional Distress?

involves an intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another.

what do damages refer to?

monetary compensation for harm or injury.

does physical injury need to occur in battery?

no

with a tortfeasor, is an evil or harmful motive required?

no

what can an assault occur?

occur even if there is no actual contact with the plaintiff, provided that the defendant's conduct creates a reasonable apprehension of imminent harm in the plaintiff.

in tort law, what does intent mean?

only that the person intended the consequences of his or her act or knew with substantial certainty that specific consequences would result from the act.

when are punitive damages appropriate?

only when the defendant's conduct was particularly egregious (outrageous) or reprehensible (shameful) (Punish the Wrongdoer AND Deter Others from Similar Wrongdoing)

society recognizes an interest in _____________________ and ____________________-

personal physical safety and in protecting property

who seek various remedies, or damages in tort actions?

plaintiffs

what are punitive damages?

punish the wrongdoer and deter others from similar wrongdoing.

what does intentional torts result from?

result from the intentional violation of person or property (fault plus intent).

what happens even if the plaintiff proves all the elements of a tort?

the defendant can raise a number of legally recognized defenses (reasons why the plaintiff should not obtain damages).

what is a legal duty of care?

the duty of all persons to exercise a reasonable amount of care in their dealings with others.

what is a breach of a legal duty of care?

the failure to use due care, which is normally determined by the "reasonable person standard," constitutes the tort of negligence (failure to act responsibly)

What is false imprisonment?

the intentional confinement or restraint of another person's activities without justification or Intentional Confinement or Restraint of Another OR Use of Physical Barriers OR Use of Physical Restraint OR Use of Threats of Physical Force Without Justification

If the plaintiff shows that there was contact, and the judge or jury agrees that the contact was offensive, then what happens?

the plaintiff has the right to be compensated for the emotional harm or loss of reputation resulting from the battery, as well as for physical harm

in battery, whether the contact is offensive, it is determined by what?

the reasonable person standard

what is a remedy?

the relief given to an innocent party compensation for violation of their rights.

what is conversion?

the wrongful taking and retaining of personal property belong to another without their permission.

what happens when a person consents to the act that damages her or him?

there is generally no liability.

what is the purpose of compensatory damages?

to Make the Plaintiff Whole and Put Them In the Same Position They Would Have Been Had the Tort Not Occurred

what does liable mean?

to be held legally responsible.

what is a tort designed to do?

to compensate those who have suffered a loss or injury due to another person's wrongful act

punitive damages are subject to what?

to limitations under the U.S. Constitutions' due process clause

true or false: A common defense to intentional torts against persons is consent

true

when does trespass to land occur?

when a person, without permission, enters onto the land of another or causes something to enter the land owned by another without permission.

what is trespass to personal property?

when someone wrongfully takes or harms the personal property of another without permission.

when does the proximate clause exist?

when the connection between an act and an injury is strong enough to justify imposing liability.

what do business torts generally involve?

wrongful interference with another's business rights and fall into two categories: