Test 2 - Blaw

example of establishing trespass

"Posted" trespass signs expressly establish as a trespasser a person who ignored these signs and enters onto the property

Pure Form Comparative Negligence

- allows the plaintiff to recover, even if the extent of his or her fault was greater than that of the defendant - if the plaintiff was 80 percent at fault and the defendant 20 percent at fault, the plaintiff can recover 20 percent of his or her damage

4 types of declarations considered to be slander per se

1. A statement that another has a "loathsome" disease (such as a sexually transmitted disease) 2. A statement that another has committed improprieties while engaging in a profession or trade 3. A statement that another person has committed or has been imprisoned for a serious crime 4. A statement that a person is unchaste or has engaged in serious sexual misconduct

strict product liability public policy rests on a threefold assumption:

1. Consumers should be protected against unsafe products. 2. Manufacturers and distributors should not escape liability for faulty products simply because they are not in privity of contract with the ultimate user of those products. 3. Manufacturers and distributors can better bear the costs associated with injuries caused by their products, because they can ultimately pass the costs on to all consumers in the form of higher prices

manufacturers must use due care in all of the following areas:

1. Designing the product 2. Selecting the materials 3. Using the appropriate production process 4. Assembling and testing the product 5. Placing adequate warnings on the label to inform the user of dangers of which an ordinary person might not be aware 6. Inspecting and testing any purchased components used in the product

In deciding whether the requirement of causation is met, the court addresses 2 questions:

1. Is there causation in fact? 2. Was the act the proximate, or legal, cause of the injury?

establishing defamation involves 4 elements:

1. The defendant made a false statement of fact. 2. The statement was understood as being about the plaintiff and tended to harm the plaintiff's reputation. 3. The statement was published to at least one person other than the plaintiff. 4. If the plaintiff is a public figure, she or he must also prove actual malice.

product liability is a matter of social policy and based on 2 factors:

1. The manufacturer can better bear the cost of injury because it can spread the cost throughout society by increasing the prices of its goods. 2. The manufacturer is making a profit from its activities and therefore should bear the cost of injury as an operating expense.

Tort of fraudulent misrepresentation includes 5 elements:

1. a misrepresentation of material facts or conditions with knowledge that they are false or with reckless disregard for the truth 2. an intent to induce another party to rely on misrepresentation 3. a justifiable reliance on the misrepresentation by the deceived party 4. damages suffered as a result of that reliance 5. a causal connection between the misrepresentation and the injury suffered

3 basic affirmative defenses in negligence cases (defenses that a defendant can use to avoid liability even if the facts are as the plaintiff states):

1. assumption of risk 2. superseding cause 3. contributory and comparative negligence

4 acts that qualify as invasions of privacy under COMMON law:

1. intrusion into an individual's affairs or seclusion 2. false light 3. public disclosure of private facts 4. appropriation of identity

In determining whether the duty of care has been breached, courts consider several factors:

1. nature of the act (outrageous or commonplace) 2. manner in which the act was performed (cautiously vs. heedlessly) 3. the nature of the injury (serious or slight)

6 requirements for struct product liability

1. product must be defective when it was sold 2. defendant must normally be engaged in business of selling the product 3. product is unreasonably dangerous 4. plaintiff must incur physical harm to self or property from using product 5. defective condition must be proximate cause of injury or damage 6. goods must have not been substantially changed from the time the product was sold to the time the injury was sustained

3 elements necessary for wrongful interference with a contractual relationship to occur:

1. valid, enforceable contract must exist between the 2 parties 2. 3rd party must know that this contract exists 3. 3rd party must intentionally induce a party to the contract to breach the contract

tort

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

actual malice

A condition that exists when a person makes a statement with either knowledge of its falsity or a reckless disregard for the truth.

Defendants in product liability suits can raise a number of defenses.

A defendant can show that there is no basis for the plaintiff's claim. In an action based on negligence, a defendant can show that the plaintiff has not met the requirements for such an action (such as causation). In a case involving strict product liability, a defendant can claim that the plaintiff failed to meet one of the requirements.

Assumption of Risk

A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger.

product misuse

A defense against product liability that may be raised when the plaintiff used a product in a manner not intended by the manufacturer. If the misuse is reasonably foreseeable, the seller will not escape liability unless measures were taken to guard against the harm that could result from the misuse.

Transferred Intent

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

damages

A monetary award sought as a remedy for a breach of contract or a tortious action.

Compensatory Damages

A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party.

license to come onto land example

A person who enters another property to read an electric meter

liquidated damages

A predetermined amount of money to be paid and received as compensation for a breach of contract. not punitive damages & must be a reasonable amount

puffery

A salesperson's exaggerated claims concerning the quality of goods offered for sale. (involve opinions rather than facts and are not considered to be legally binding promises or warranties)

interrogatories

A series of written questions set to a party by another party for which written answers are prepared by a party's attorney to a lawsuit and then signed under oath. Answers may be used as evidence at trial.

Dram Shop Act

A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication.

Good Samaritan Statute

A state statute that provides that persons who rescue or provide emergency services to others in peril—unless they do so recklessly, thus causing further harm—cannot be sued for negligence.

Contributory Negligence

A theory in tort law under which a complaining party's own negligence contributed to or caused his or her injuries.

comparative negligence

A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence.

trespass was warranted example

A trespasser entering a building to assist someone in danger

causation in fact

An act or omission without ("but for") which an event would not have occurred.

General Damages

An amount awarded to compensate individuals for the nonmonetary aspects of the harm suffered, such as pain and suffering; not available to companies

Special Damages

An amount awarded to compensate the plaintiff for quantifiable monetary losses, such as medical expenses, property damage, and lost wages and benefits (now and in the future).

disparagement of property

An economically injurious falsehood about another's product or property; aka slander of quality or slander of title

public figure

An individual in the public limelight.

superseding cause

An intervening force or event that breaks the connection between a wrongful act and an injury to another

Liability for Harm

At common law, a trespasser is liable for any damage caused to the property and generally cannot hold the owner liable for injuries that the trespasser sustains on the premises.

Establishing Trespass

Before a person can be a trespasser, the real property owner must establish that person as a trespasser

failure to return goods

Even when the rightful owner consented to the initial taking of the property, so no theft or trespass occurred, a failure to return the property may still be conversion.

Qualified Privilege

Generally, if the statements are made in good faith and the publication is limited to those who have a legitimate interest in the communication, the statements fall within the area of qualified privilege. Example: An employer's statements in written evaluations of employees

malicious prosecution

If a party initiates a lawsuit out of malice and without a legitimate legal reason, and ends up losing the suit, that party can be sued for malicious prosecution.

answer

Procedurally, a defendant's response to the plaintiff's complaint. It admits or denies allegations in the complaint. Sets out defenses to the plaintiff's action that may be raised

malpractice

Professional misconduct or the failure to exercise the requisite degree of skill as a professional.

the publication requirement

Publication means that the defamatory statements are communicated (either intentionally or accidentally) to persons other than the defamed party.

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.

proximate cause

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

statement-of-fact requirement

Making a negative statement about another person is not defamation unless the statement is false and represents something as a fact rather than a personal opinion; statements of opinion protected under 1st amendment

Punitive Damages

Money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct.

Statement of Fact vs Opinion

Normally, the tort of fraudulent misrepresentation occurs only when there is reliance on statement of fact; however, reliance on a statement of opinion may involve the tort of fraudulent misrepresentation if the individual making the statement of opinion has superior knowledge of the subject matter.

licensee

One who receives a license to use, or enter onto, another's property.

proving a defective condition

Plaintiff does not need to show why or in what manner the product became defective. But plaintiff must show product was defective and "unreasonably dangerous" at purchase

________ seek various remedies, or damages in tort actions.

Plaintiffs

T/F There is a duty to warn about risks that are obvious or commonly known.

false

T/F: A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will be allowed to recover for any consequent injury.

false

power to hear cases only involving particular issues:

family court, bankruptcy court, tax court, small claims court

arbitration is ______ and _______ than a trial

faster and less expensive

examples of public figures

government officials, politicians, movie stars, well-known businesspersons, generally anybody who becomes known to the public because of his or her position or activities

harms that are difficult to measure in damages

humiliation, injured reputation, emotional distress

Knowledgable User

if the particular danger (such as electrical shock) is commonly known by particular users of the product (such as electricians), the manufacturer need not warn these knowledgable users of the danger

example of liability for harm

if young children are attracted to the property by some object, such as a swimming pool, and are injured, the landowner may be held liable under the attractive nuisance doctrine

"cause in fact"

in a product liability suit based on negligence, the plaintiff must show that the defendant's conduct was the "cause in fact" of the injury

arbitration vs. mediation: time

in arbitration, date is agreed upon by parties and is quicker than court but longer than mediation

negotiation & settlement

informal dispute resolution; parties reach an agreement to pay money or do something in exchange for the lawsuit being dropped; may happen at any stage of dispute (before, during, or after trial); usual result is a written settlement agreement that is an enforceable contract; negotiated settlements can be kept private & can avoid damaging the relationship between the parties

almost all courts extend the strict liability of manufacturers and other sellers to ______________

injured bystanders

2 classifications of torts

intentional and unintentional (negligence)

courts apply a ___________ test to determine if the warnings adequately alert consumers of the product's risks

reasonable

example of actionable

repeated annoyances (such as those experienced by a person who is being stalked) coupled with threats

motion practice

requests to the judge to make a decision about some aspect of the case (discovery matters, admission of evidence, dismissal of a case)

Negligent Misrepresentation

requires only that 1 person making statement/omission did NOT have reasonable basis for believing its truthfulness

litigation

resolving disputes through the courts

False imprisonment interferes with the freedom to move without __________.

restraint (it is essential that the person being restrained does not wish to be restrained)

intentional torts

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

Unintentional Torts (Negligence)

results from the breach of a duty to act reasonably (fault without intent)

example of tort law

society recognizes an interest in protecting property, & tort law provides remedies for acts that cause destruction of or damage to property

Types of Compensatory Damages

special damages, general damages, punitive damages

complaint

starts the process, served and filed by the plaintiff, explains the plaintiff's claim

some ___________________________ explicitly provide for privacy rights, as do a number of _______________________________

state constitutions; federal and state statutes

example of absolute privilege

statements made by attorneys and judges during a trial

Statutes of Limitations and Repose

statutes of limitations restrict the time within which an action may be brought

to endure that sellers and manufacturers will not be left vulnerable to lawsuits indefinitely, many states have passes __________________, which place outer limits on product liability actions

statutes of repose

strict product liability also applies to _____________ of component parts

suppliers

depositions

sworn testimony by witness and is recorded and transcribed by a court reporter, helps judge how a witness will perform if she is called to testify at a trial

privilege

the ability to act contrary to another person's right without that person's having legal redress for such acts

who is the answer served by

the defendant

who served the countercliam

the defendant

duty

the defendant owed a duty of care to the plaintiff

punitive damages are appropriate only when...

the defendant's conduct was particularly egregious (outrageous) or reprehensible (shameful)

liability for negligent misrepresentation usually arises when __________ who made the misrepresentation owed a duty of care to the plaintiff to __________________________

the defendant; supply correct information

Negligence is a failure to exercise

the degree of care that a reasonable, prudent person would have exercised under the circumstances

False Imprisonment

the intentional confinement or restraint of another person's activities without justification

Duty of Professionals

the law takes their training and expertise into account (physicians, accountants, lawyers, etc.)

wrongs

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

How is actionable limited by the first amendment?

When the outrageous conduct consists of speech about a public figure, the first amendment's guarantee freedom of speech limits emotional distress claims.

business torts generally involve:

Wrongful interference with another's business rights.

counterclaim

a claim made to rebut a previous claim.

In most states, the doctrine of contributory negligence has been replaced by _______________________________.

a comparative negligence standard

preemption

a defense that has been successfully raised by defendants in recent years

manufacturing defects

a departure from a product unit's design specifications that results in products that are physically flawed, damaged, or incorrectly assembled

Central to the tort of negligence is the concept of:

a duty of care

example of statement of fact vs. opinion

a lawyer who makes a statement of opinion about the law in a state in which she or he is licensed to practice

example of public disclosure of private facts

a newspaper account of a private citizen's sex life

privacy

a person has a right to solitude and freedom from prying public eyes

example of qualified privilege

an employer's statements in written evaluations of employees

examples of battery

an unwelcome kiss, rock thrown by defendant

to establish assumption of risk, defendant must show:

the plaintiff knew and appreciated the risk created by the product defect & the plaintiff voluntarily assumed the risk--by express agreement or by words of conduct--even though it was unreasonable to do so

Subject Matter Jurisdiction

the power of a court to hear a particular type of case

design defects

the product is made in conformity with manufacturer design, but the design itself is faulty

commercial contracts often have a _________________ requiring disputes to be arbitrated

arbitration clause

In contract negotiation, consider __________________ and avoid ________________________.

areas of potential conflict and avoid vague/confusing terms that are subject to multiple interpretations

requests for admissions

asks a party to admit or deny facts about a case; dtermine the facts that are agreed upon, so they don't have to be proven at trial

Who are adversarial parties represented by?

attorneys

appeal

base on the claim that there was an error of law; case is presented to a judge or a panel of judges, not a jury

T/F: A person who is injured by a defective product may bring a negligence suit even though he or she was not the one who actually purchased the product—and thus is not in privity

true

T/F: In the 1960s, courts applied the doctrine of strict liability in several landmark cases involving manufactured goods, and it has since become a common method of holding manufacturers liable.

true

T/F: Initially, few U.S. courts accepted the doctrine; today, however, the doctrine of strict liability is the norm rather than the exception.

true

T/F: The modern concept of strict liability traces its origins to nineteenth century England

true

T/F: Under the doctrine of strict liability, a person who engages in certain activities can be held responsible for any harm that results to others, even if the person used the utmost care

true

T/F: businesspersons are prohibited from unreasonably interfering with another's business in their attempts to gain a greater share of the market

true

Defenses to Defamation

truth and privilege

What happens if the defendant doesn't have contact with jurisdiction?

unfair for court to have authority over defendant

example of appropriation of identity

using a person's name or picture for commercial purposes without permission (most states have codified this tort in statutes that establish the distinct tort of appropriation, or right of publicity)

jury selection

voir dire, questioning jurors (determine potential bias, find ineligibility to serve on the jury)

key difference between intentional and negligent misrepresentation:

whether the person making the misrepresentation had actual knowledge of its falsify

How does the complaint explain the plaintiff's claim?

why the court has the power to hear the case, alleged facts of the case, legal claims, relief sought

an answer must be served ________________ or _______ will be entered by default

within a specific time; judgement

example of false light

writing a story that attributes to a person ideas and opinions not held by that person

document requests

written request for documents, electronically stored info, or other items; documents or other items in the care, custody, or control of the other party

2 notions serve as the basis of all torts

wrongs and compensation

verdict

by the jury, unless a jury trial is waived & the case is heard only by the judge; final decision on facts

abuse of process

can apply to any person using a legal process against another in an improper manner or to accomplish a purpose for which the process was not designed

if special damages for slander cannot be proved, a plaintiff alleging slander normally ___________(can/cannot) go forward with the suit and recover any damages.

cannot

actionable

capable of serving as the basis of a lawsuit; the act must be extreme and outrageous to the point that it exceeds the bounds of decency accepted by society

_____________ are the norm in negligence cases

compensatory damages

avoiding disputes

contract negotiation, liquidated damages, maintaining business relationships, and cultural issues

intention

conversion can occur even when a person mistakenly believed that he or she was entitled to the goods

motion for summary judgement

court is asked to decide a case without a trial; no undisputed factual questions; judge decides case based on evidence gathered up to the time of the motion

slander

defamation in oral form

Who must have sufficient contact with jurisdiction?

defendant

breach

defendant breached that duty

discovery methods

depositions, interrogatories, requests for admission, document requests

intentional torts against property

distinguishes real property from personal property; trespass to land, trespass to personal property, conversion, disparagement of property

To succeed in a negligence action, the plaintiff must prove each of the following:

duty, breach, causation, damages

the "American Rule"

each party is responsible for their own litigation expenses

Statutes of response run ________ and _______ than statutes of limitations.

earlier and longer

direct examination

examination of a witness by his or her attorney

Legislative Caps on Damages

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

tolling

Temporary suspension of the running of a prescribed period (such as a statute of limitations). For instance, a statute of limitations may be tolled until the party suffering an injury has discovered it or should have discovered it.

commonly known dangers

The dangers associated with certain products (such as matches and sharp knives) are so commonly known, manufacturers need not warn users of those dangers.

Causation

The defendant's breach caused the plaintiff's injury

duty of care

The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. (Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence.)

Trespass to Land

The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization. (actual harm to land not essential)

contract negotiation

The evaluation of services to be performed and/or assets to be included in a contract in exchange for compensation. Includes terms for termination of a relationship. Dispute resolution.

negligence

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances. Tortfeasor neither wishes to bring about the consequences of the act nor believe that they will occur

During battery, will the plaintiff have the right to be compensated for the emotional and/or physical harm?

yes

Scope of Discovery

•Any non-privileged matter relevant to any party's claim or defense •Proportional to the needs of the case •Information need not be admissible in evidence at trial to be discoverable

Arbitration & Similarities to Litigation

•Parties often engage in discovery •Case is submitted for a final decision •Parties usually give opening statements •Evidence and witnesses are presented to the arbitrator

Maintaining Business Relationships

•Status meetings, to check in on the progress of a contract •Keep communication open (Avoid misunderstandings & Avoid having small disputes become magnified)

common types of trespass to land include:

•Walking or driving on another's land •Shooting a gun over another's land •Throwing rocks at a building that belongs to someone else

Cultural Issues

•Ways of communicating or establishing an agreement may vary •Cultural advisors may help understand differences when dealing internationally

libel

Defamation in writing or in some other form (such as in a digital recording) having the quality of permanence.

risk-utility analysis

Determines whether the risk of harm from the product outweighs its utility to the user and public.

cross-examination

The questioning of an opposing witness during a trial.

privity of contract

The relationship that exists between the promisor and the promisee of a contract.

reasonable person standard

The standard of behavior expected of a hypothetical "reasonable person." The standard against which negligence is measured and that must be observed to avoid liability for negligence.

In a defamation suit, a statement made about a public figure normally must be made with ___________________ for liability to be incurred.

actual malice

What type of process is litigation?

adversarial process

personal property

all other items, like cash and securities

____________ imply a right to privacy

amendments to the U.S. Constitution

truth

an absolute defense against defamation

damages for libel

once a defendant's liability for libel is established, general damages are presumed as a matter of law

Types of Defamation

libel and slander

The Restatement (Third) of Torts: Products Liability defines 3 types of product defects that have traditionally been recognized in product liability law:

manufacturing defects, design defects, inadequate warnings

example of bona fide competitive behavior

marketing and advertising

What happens if a case is brought in the wrong place?

may be removed to the correct court

arbitration vs. mediation: cost

mediation typically lower than arbitration

jurisdiction in federal court requires:

minimum amount in question, diversity of citizenship, federal question

minimum amount in question for federal court in jurisdiction

more than $75,000

state court in regard to jurisdiction

must have personal & subject matter jurisdiction

federal court in relation to jurisdiction

need to qualify for federal court to have jurisdiction

If no risk is created, there is no

negligence

product liability may be based on the theories of:

negligence, misrepresentation, strict liability, and breach of warranty

alternative dispute resolution

negotiation & settlement, mediation, arbitration, other methods

Are good intentions a defense against conversion?

no

Does there have to be actual contact with the plaintiff for it to be considered assault?

no, all there has to be is proof of intention of harm

Does the mediator make the decision?

no; parties are not required to settle the dispute

discovery

obtaining info about a case from another party & allows parties to maintain evidence that helps their case, makes parties aware of evidence in favor of the opposing side, helps narrow questions to be decided during trial

Tortfeasor

one who commits a tort (an evil or harmful motive is not required)

absolute privilege

only in judicial proceedings and certain government proceedings

arbitration

parties present their case to a neutral 3rd party (arbitrator) who makes a decision; may agree to be bound by the arbitrator's decision; limited grounds for appealing decision

mediation

parties work with a neutral 3rd party (mediator) to resolve the dispute; each party presents a brief summary of the facts, evidence, and argument in support of their position; mediator may explain strengths/weaknesses of each side's position; mediator tries to help parties come to a resolution of their dispute; usually less contentious than litigation

basic principle underlying duty of care

people are free to act as they please so long as their actions do not infringe on the interests of others

Bona fide competitive behavior

permissible interference even if it results in the breaking of a contract

confinement can be accomplished through

physical barriers, physical restraint, threats of physical force

presentation of the case

plaintiff goes first; case is presented by questioning witnesses (direct examination & cross-examination; motion for directed verdict by defendant after plaintiff presents case (claims plaintiff has not presented enough evidence to make her claim & routinely made in most trials); defendant follows plaintiff & presents case in the same way

How to establish slander of quality

plaintiff must prove that the improper publication caused a 3rd person to refrain from dealing with the plaintiff and that the plaintiff sustained economic damages as a result

damages

plaintiff suffered legally recognizable injury

50 % rule

prevents plaintiff from recovering any damages if he was more than 50% at fault; a plaintiff who is 35% at fault can recover 65% of his damages, but a plaintiff who is 65% at fault can recover nothing

For fraud to occur, more than mere _________ must be involved.

puffery

business invitees

Those people, such as customers or clients, who are invited onto business premises by the owner of those premises for business purposes.

fraudulent misrepresentation

Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.

defamation

Any published or publicly spoken false statement that causes injury to another's good name, reputation, or character.

assault

Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat.

pleadings

The initial documents that begin a lawsuit, consisting of the complaint, the answer, and counterclaim

damages for slander

The plaintiff must prove special damages (actual economic loss).

slander of title

The publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner.

Slander of Quality (Trade Libel)

The publication of false information about another's product, alleging that it is not what its seller claims.

trespass to personal property

The unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property. (harm means not only destruction of property but also anything diminishing its value, condition, or quality)

battery

The unprivileged, intentional touching of another.

conversion

The wrongful taking, using, or retaining possession of personal property that belongs to another.

unreasonably dangerous product

a product that is defective to the point that it threatens a consumer's health or safety

To successfully assert a design defect, a plaintiff has to show that:

a reasonable alternative design was available and as a result of the defendant's failure to adopt the alternative design, the product was not reasonably safe

inadequate warnings

a seller must warn consumers of the harm that can result from the foreseeable misuse of product

statute of repose

a statute of limitations that is not dependent on the happening of a cause of action

Personal Jurisdiction

ability to render judgement against the defendant

strict liability may be imposed on defendants in cases involving:

abnormally dangerous activities, dangerous animals, defective products

Contributory negligence is an ___________ bar to recovery in a minority of jurisdictions.

absolute

2 types of privileged communications

absolute and qualified

key difference between torts of abuse of process and malicious prosecution:

abuse of process is not limited to prior litigation and does not require the plaintiff to prove malice

Slander per se

actionable with no proof of special damages required

gross negligence

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

business torts 2 categories:

interference with contractual relationship & interference with a business relationship

examples of intrusion

invading someone's home, searching someone's laptop without authorization, eavesdropping by wiretap

Abnormally Dangerous Activities

involve a high risk of serious harm to persons or property that cannot be completely guarded against by the exercise of reasonable care (i.e., storing explosives)

post-trial motions

judgement notwithstanding the verdict (JNOV); motion for a new trial

The court must have ______________

jurisdiction

trial

jury selection, presentation of case

real property

land and things permanently attached to the land, such as a house

Duty of Landowners

landowners are expected to exercise reasonable care to protect individuals coming onto their property from harm. retailers and other business operators have a duty to exercise reasonable care to business invitees and warn them of foreseeable risks, such as wet floors

people have the right not to be sued without a _________ and ________ reason, which protects individuals from misuse of _______________

legally just & proper; litigation

a superseding cause relieves the defendant of ____________

liability

product liability

liability of manufacturers and sellers for harmful or defective products

Strict Liability

liability regardless of fault

persons who keep wild animas are strictly _________ for any harm inflicted by the animals

liable

product liability

those who make, sell, or lease goods can be held liable for physical harm or property damage caused by those goods to a consumer, user, or bystander

Purpose of Tort Law

to compensate for legally recognized harms and injuries resulting from wrongful acts

Purpose of Tort Law

to provide remedies for the violation of various protected interests

defenses against trespass to land

to show that the trespass was warranted OR to show that he or she had a license to come onto the land

tort law and privacy

tort law safeguards these rights through the tort of invasion of privacy

when a consumer is injured as result of manufacturer's fraudulent misrepresentation, the basis of liability may be the:

tort of fraud. (It was intentional and the buyer relied on the misrepresentation)