C14 Tort Law, Products Liability and Consumer Law study guide

What are defenses to negligence?

(1) Contributory Negligence (2) Assumption of Risk (3) Comparative Negligence

libel

A written defamation of a person's character, reputation, business, or property rights.

What leads to a complaint of deceptive advertising?

Advertising that misleads consumers, either by unjustified claims concerning a product's performance or by failure to disclose relevant information concerning the product's composition or performance

What is an unforeseeable intervening event that breaks causation?

An intervening cause is a defense to a negligence claim. If an event occurs following a defendant's act that is unforeseeable and causes an injury, this may cut off the liability for the defendant's act.

Defamation

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

​Cameron poisons her coworker Sara's sandwich because Sara got the promotion Cameron wanted. Cameron is guilty of which of the following?

Battery

What court order can prevent activities?

Cease-and-desist order

What consideration may lower the damage award for a plaintiff?

Comparative negligence

What is the purpose of tort law?

Compensating those who have suffered injuries as a result of the wrongful conduct of others

Damage types,

Compensatory damages, like the name suggests, are intended to compensate the injured party for loss or injury. Punitive damages are awarded to punish a wrongdoer.

Slander

Defamation in oral form

​Dave ties Manuel to a post with a rope and tells Manuel that he will kill him if Manuel tries to escape. Dave is guilty of which of the following?

False imprisonment

invasion of privacy

Four acts qualify as an invasion of privacy: -The use of a person's name, picture, or other likeness for commercial purposes without permission. -Intrusion into a person's affairs or seclusion. -Publication of information that places a person in a false light. -Public disclosure of private facts about an individual that an ordinary person would find objectionable

what is actual malice and when it applies

If a statement is made with either knowledge of falsity or a reckless disregard of the truth, then it is said to be made with actual malice

What is a TRO / Temporary Restraining order, and how might it be used?

Temporary restraining orders (TRO) are short-term pre-trial temporary injunctions. To obtain a TRO, a party must convince the judge that he or she will suffer immediate irreparable injury unless the order is issued. to save a historic building?

How do these differ; comparative fault/negligence and contributory fault/negligence?

The fundamental difference between the legal concepts of comparative and contributory negligence is that comparative negligence seeks to compensate the injured party at least for some part of his or her injuries, while contributory negligence is a total bar to any damage award to the plaintiff.

tortious interference with business relations ?

Wrongful interference with a business relationship

what defenses exist for assault and battery

a. Consent b. Self-defense c. Defense of property d. defense of others

Behavior grounds for a case

actionable.

define battery in a tort law context

actual contact with another individual that is harmful or offensive to that individual

​Sarah yells, "I'm going to punch you!" at Laura and then punches Laura. Sarah is guilty of which of the following?

assault and battery

actionable behavior

capable of serving as a basis for a lawsuit.

If Prince Charming kisses Sleeping Beauty while she sleeps, knowing that she is repulsed by and does not want to be kissed by him, Prince Charming has committed what?

civil battery

The four elements to every successful tort case

duty, breach of duty, causation and injury.

What are the three main divisions in tort law such as strict liability?

intentional torts, negligence, and strict liability.

intentional Infliction of emotional distress

intentional, extreme, and outrageous conduct resulting in severe emotional distress to another.

defenses to defamation

legislators while speaking on the legislative floor truth. the allegedly defamatory statement was merely a statement of opinion. consent to the publication of the allegedly defamatory statement. absolute privilege. qualified privilege. retraction of the allegedly defamatory statement.

difference between libel and slander

slander is when a false statement is communicated to a third party orally; libel occurs when the falsity is conveyed in writing or another published form.

Can an unwanted kiss be a battery?

yes

Defamation and actual malice such as newspapers and public people, can win if newspaper or press did either of two things.

(1) the speaker or publication presented information KNOWING IT WAS NOT RUUE (which is very hard to prove), OR 2) Published it with reckless disregard for the truth. That second way is the one usually used, because it can sometimes be shown that no sources were checked before publication.

slander per se is when the lie concerns one of what four areas

1) wrongly stating that a person has committed a felony; 2) False statement regarding woman's virtue; 3) falsely stating that a person has a loathsome disease (traditionally such as leprosy, though today to include certain incurable STDS, and 4) Incompetence in a profession in a way that harms their career (doctor a quack, lawyer dishonest)

What is a cease and desist order and how might it be used to stop deceptive advertising by a company like Campbell's Soup due to deceptive advertising?

An administrative or judicial order prohibiting a person or business firm from conducting activities that an agency or court has deemed illegal. The makers of Campbell's soups advertised that most Campbell's soups were low in fat and cholesterol and thus were helpful in fighting heart disease. What the ads did not say was that Campbell's soups are high in sodium and that high-sodium diets may increase the risk of heart disease. A court order could instruct them to change their advertisements and they must comply.

Assumption of risk is a defense to what type of injury situation?

Assumption of Risk is a type of defense available for most personal injury and negligence lawsuits.

What or where does deceptive advertising come from?

Deception may arise from a false statement or claim about a company's own products or a competitor's products. Some advertisements contain "half-truths," meaning that the information presented is true but incomplete, leading consumers to a false conclusion.

Invasion of privacy jackie o

Galella stalked, Mrs. Onassis, also known as Jackie O, and her children. He took pictures of JFK, Jr. riding his bicycle in Central Park. On one occasion Galella jumped into the boy's path to get a closer shot. On other occasions he interrupted Caroline Kennedy while playing tennis and came "uncomfortably close" (the Court's words) to Jackie with a power boat while she swam. Following his arrest by secret service agents, Galella sued the agents and Mrs. Onassis. Jackie counterclaimed for invasion of privacy. After a six week trial the court dismissed Galella's claim and entered a restraining order prohibiting him from coming within 100 yards of Jackie and her children. Galella appealed. The Second Circuit Court of Appeals ruled that "Relief must be tailored to protect Mrs. Onassis from the "paparazzo' attack which distinguishes Galella's behavior from that of other photographers; it should not unnecessarily infringe on reasonable efforts to "cover' defendant." The trial court's restraining order was modified such that Galella must stay 25 feet away from Jackie to protect her from his paparazzo attacks. The Court also ruled that Galella had a right to make a living and should be permitted to continue taking and selling his pictures of Jackie O.

What is the difference between battery and assault?

In some jurisdictions assault is defined as the threat of bodily harm that reasonably causes fear of harm in the victim while battery is the actual physical impact on another person. If the victim has not actually been touched, but only threatened (or someone attempted to touch them), then the crime is assault.

what situations will be false imprisonment in tort law

Intent to confine or restrain a person and actual confinement in boundaries not of the plaintiff's choosing a. Physical barriers b. Physical restraint c. Threats of physical force

negligent Infliction or emotional distress

Negligent infliction of emotional distress" (NEID) is a personal injury law concept that arises when one person (the defendant) acts so carelessly that he or she must compensate the injured person (the plaintiff) for resulting mental or emotional injury.

What is the shop keepers privilege and what are the limits of it?

a privilege given to merchants to detain a suspected shoplifter on or near store grounds. The merchant must have probable cause for detaining the suspect, and can only detain, or hold, the alleged shopkeeper for a reasonable amount of time and in a reasonable manner

defamation

false statements published or publicly spoken that cause injury to another's good name, reputation, or character

What is malpractice?

improper, illegal, or negligent professional activity or treatment, especially by a medical practitioner, lawyer, or public official

the traditional contributory negligence system barred recovery for the party that was even a____________ at fault.

little bit

Is a seller responsible for a foreseeable product misuse?

yes, A seller must warn those who purchase its product of the harm that can result from the foreseeable misuse of the product. Sellers are not required to take precautions against every possible unusual use of their product

Is there a requirement that it be "published" to a third party?

yes, libel is published while slander is oral

​Jack lunges at Linda while brandishing a knife and shouting that he is going to kill her. Jack's actions are an example of which of the following?

​Assault

Theodore intentionally restrains Joan against her will. This is an example of which of the following?​

​False imprisonment

What is invasion of privacy and could be be the basis of a court order to keep a photographer away from a famous person?

​The use of a person's name, picture, or other likeness for commercial purposes without permission, and publication of information that places a person in a false light yes

Appropriation involves what?

​The use of a person's name, picture, or other likeness for commercial purposes without permission.

What is intentional infliction of emotional distress and what level of conduct is necessary?

​an intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another a. ​Outrageous conduct by the defendant b. ​Intent c. ​Severe emotional distress by the plaintiff