LAW 231 Chapter 9 - Torts

Pure (Missouri)

Based solely on percentages. As long as some fault attributed to Δ, then π can recover up to percentage of Δ's fault.

Wrongful Death

Causing someone else death

Open and obvious risk

Common knowledge among consumers

Comparative Negligence

Compute π and Δ negligence and distribute liability accordingly.

Specificity

Defamatory statement regarding a particular person

Intentional Tort

Defendants purposeful action defendant knew or should have known would harm plaintiff. What type of tort is this?

Actual Damages

Did the injured party suffer harm?

Breach of duty

Did the tortfeasor fail to exercise reasonable care?

Duty

Did the tortfeasor owe a duty of care to the injured party?

NOPE.

Does Missouri have Joint and several liability

Cause in fact

Except for the breach of duty by the tortfeasor, would the injured party have suffered damages?

State Common Law

For the most part, tort law is governed by _____ _____ law principles.

Public Figure Standard

If the victim is a public figure, such as a candidate for political office or a celebrity, the defamation must have been committed with malice or reckless disregard for the truth.

50% Rule

If π >50% at fault, π recovers nothing. If π < or = 50% then recovers up to Δ's percentage of fault.

Contributory Negligence

If π was in any way negligent, π recovers $0 damages.

Stand your ground

Same as Castle Doctrine but applies anywhere a person has a legal right to be, including public places or a car

Intentional Tort

Tort in which the tortfeasor is willful in bringing about a particular event that causes harm to another party.

Tortious Conduct

Tortfeasor's wrongful conduct

Proximate (legal) cause

Was there a link between the breach of duty and the damages suffered by the injured party?

Negligence Law

When a tortfeasor causes harm to an injured party by creating an unreasonable risk of harm, the law provides the injured party a remedy regardless of the tortfeasor's intent.

Negligence

an accidental (without willful intent) event that causes harm to another party.

Compensatory

pay π for loss or harm

Punitive

punish Δ and deter future acts by others (Only allowed when conduct is extreme)

Joint and Several Liability

π may sue one or more Δs and collect from any

Tort

A civil wrong where one party has acted, or failed to act, and that action/inaction causes a loss to be suffered by another party.

Causation in fact

"but for" test - but for the wrongful act, the injury would not have occurred

Strict Liability Torts

- A tortfeasor may be held liable for an act regardless of intent or willfulness - Applies primarily in cases of defective products and abnormally dangerous activities What type of liability is this?

Intentional torts against people

- Assault - Battery - Defamation - Invasion of privacy - False imprisonment

Product Liability

- Civil action of π vs. Δ - Arising from injury to π or damage to π's property - Caused by a defective product - Potential π = consumers, users or bystanders - Potential Δ = manufacturers and sellers of products

Defining "Defect"

- Design or Manufacturing Defect - Inadequate Warning - Improper Packaging - Unavoidably Unsafe

Abnormally Dangerous Activities

- Does activity involve a high degree of risk? - Is there a likelihood that the harm that results will be great? - Is it possible to eliminate/reduce the risk? - Is the activity relatively common? - Is the location of the activity appropriate? - Is there community value that outweighs the danger?

False Imprisonment

- Intentional confinement of a person - While the merchant has the right to briefly detain a suspected shoplifter, he must be cautious about giving rise to a false imprisonment claim when detaining an individual.

Merchants Privelage

- Limited detention for short period of time - Limited to premises - Seizure of property in plain view; not allowed to search - Coercion not allowed

Intentional torts against property

- Trespass - Conversion

Defenses in Defamation

- Truth - Communications Decency Act of 1996 - internet service providers are not liable for defamation if the information originates from a third party (part of email, IM, Facebook)

Product Liability Case theories

3 ______ ______ theories - negligence - contract/warranty - strict liability

Strict Liability

A concept rooted in the notion that the general public benefits when liability is imposed on those who engaged in certain activities that result in harm to another party, even if the activities were undertaken in the most careful manner possible (without negligence).

Retreat

Attempt reasonable flight from attacker before using deadly force

Proximate cause

Is the connection b/n the act and an injury strong enough to justify imposing liability? How far society wishes to extend liability (public policy).

Damages

Lost revenue or profits due to defamatory statement

Castle Doctrine

No duty to retreat and can use deadly force in home (and car in some states)

Tortfeasor

One who commits a tort

Defamatory Statement

Provable as false; NOT an opinion