BLAW Chapter 6

Wrongful interference with a contractual relationship elements:

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

3 Basic Affirmitive Defenses to Negligence ASC

1. Assumption of Risk 2. Superseding Cause 3. Contributory and Comparative Negligence

To succeed in a negligence action the plaintiff must prove that:

1. Duty, the defendant owed a duty of care to the plaintiff. 2. Breach, The defendant breached that duty. 3. Causation, The defendant's breach caused the plaintiff's injury. 4. Damages, The plaintiff suffered a legally recognizable injury.

Trespass to Land Elements:

1. Enters onto, above, or below the surface of land that is owned by another. 2. Causes anything to enter onto land owned by another. 3. Remains on land owned by another or permits anything to remain.

To prove causation courts must address 2 questions:

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

Assumption of Risk requires two elements to be met:

1. Knowledge of the risk 2. Voluntary assumption of the risk

The Elements of Fraudulent Misrepresentation:

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

To establish defamation a plaintiff normally must prove:

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 prove actual malice.

Assumption of Risk

A defense to negligence. A plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed.

Compensatory Damages

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.

Damages

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

Invasion of Privacy

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

Business Invitee

A person such as a customer or client who is invited onto business premises by the owner of those premises for business purposes.

Defenses

A reason offered and alleged by a defendant in an action or lawsuit as to why the plaintiff should not recover or establish what she or he seeks.

License

A revocable right or privilege of a person to come on another person's land.

Contributory Negligence

A rule in tort law, used in only a few states, that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff's own fault.

Comparative Negligence

A rule in tort law, used in the majority of states, that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely.

Puffery

A salesperson's often exaggerated claims concerning the quality of property offered for sale. Such claims involve opinions rather than facts and are not legally binding promises or warranties.

Privilege

A special right, advantage, or immunity granted to a person or a class of persons, such as a judge's absolute privilege to avoid liability for defamation over statements made in the courtroom during a trial.

Good Samaritan Statutes

A state statute stipulating that persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence unless they act recklessly, thereby causing further harm.

Dram Shop Act

A state statute that imposes liability on the owners of bars and persons who serve alcoholic drinks for injuries resulting from accidents caused by intoxicated persons.

Tort

A wrongful act (other than a breach of contract) that results in harm or injury to another and leads to civil liability.

Intentional Tort

A wrongful act knowingly committed.

Two types of privileged communications

Absolute Qualified

Disparagement of Property

An economically injurious falsehood about another's product or property.

Types of Intentional Torts Against Persons: 8

Assault Battery False Imprisonment Intentional Infliction of Emotional Distress Defamation Invasion of Privacy Fraudulent Misrepresentation Wrongful Interference

Wrongful Interference with a business relationship:

Businesses are prohibited from unreasonably interfering with another's business in their attempts to gain a share of the market. (called predatory behavior)

Intentional Infliction of Emotional Distress

Can be defined as an extreme and outrageous act, intentionally committed that results in severe emotional distress to another.

Actionable

Capable of serving as the basis of a lawsuit. An actionable claim can be pursued in a lawsuit or other court action.

Trespass to Land

Entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization.

Qualified Privilege

Example: employer's statements in written evaluations of employees.

Society recognizes interests that are protected under tort law as:

Property and any thing that causes physical injury or that interferes with physical security and freedom of movement.

False Light

Publication of information that places a person in a false light.

Intrusion into an individuals affairs or seclusion

Invading someones home or property. Ex: Erin Andrews in Hotel Room

Statement of Fact Requirement:

Is it a statement of fact or opinion?

Real Property

Land and things permanently attached to the land.

Proximate Cause

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

Strict Liability

Liability that is imposed on certain activities regardless of fault.

Types of Defamation

Libel Slander

Punitive Damages

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

Causation

Necessary element in Negligence, the wrongful act that someone didn't perform the rightful act hurt the person,

Malpractice

Negligence, the failure to exercise due care on the part of a professional such as a physician, is commonly referred to as malpractice.

Public Disclosure of Private Facts

Occurs when a person publicly discloses private facts about an individual that an ordinary person would find objectionable or embarrassing.

Tortfeasor

One who commits the tort.

Public Figures

People are allowed to make statements about celebrities that appear in the media unless they can prove the statements are made with actual malice.

Defenses to Wrongful interference

Person not liable if it can be shown that the interference was justified or permissible.

Damages for Slander

Plaintiff must prove special damages to establish the defendants liability. Plaintiff must show that the slanderous statement caused the plaintiff to suffer actual economic or monetary loss.

Types of disparagement of property SS

Slander of Quality (Trade Libel) Slander of Title

Intent can be transferred (Transferred Intent) when a defendant intends to...

harm one person but unintentionally harms a second person.

General Damages compensate...

individuals (not companies) for the non-monetary aspects of the harm suffered such as pain and suffering. A court might award general damages for physical or emotional pain and suffering, loss of companionship, disfigurement.

In tort law intent means that the actor...

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

Fraudulent Misrepresentation must involve...

intentional deceit for personal gain

Tort law measures duty by the...

reasonable person standard.

Slander usually doesn't receive damages because...

slanderous statements have a temporary quality and fade out of memory.

For an intentional infliction of emotional distress to be actionable the conduct must be...

so extreme and outrageous that it exceed the bounds of decency accepted by society.

Through tort law society compensates those who have....

suffered injuries as a result of the wrongful conduct of others.

Negligence occurs when someone...

suffers injury because of another's failure to live up to a required duty of care. The tortfeasor neither wishes to bring about the consequences of the act nor believes that they will occur, the actor's conduct merely creates a risk of such consequences.

Before a person can be a trespasser the owner of the real property must establish...

that the person was a trespasser.

Professionals like Doctors, accountants, dentists, architects, conduct must be consistent with...

the conduct of a professional in their field. Ex: accountant standard.

Punitive damages are only appropriate when...

the defendant's conduct was particularly egregious or reprehensible. Usually only available in intentional tort actions and rarely in negligence lawsuits.

To establish Slander of Quality or Trade Libel a plaintiff must prove that...

the improper publication caused a third party to refrain from dealing with the plaintiff and that the plaintiff sustained economic damages as a result.

Under comparative negligence both the plaintiff's and defendant's negligence are computed and...

the liability for damages is given percents to the plaintiff and defendant. Ex: Defendant had 80% liability Plaintiff had 20%. Has 50% rule.

Intentional torts Against Property TTCD

Trespass to land Trespass to personal property Conversion Disparagement of property

Defenses against the trespass to land Tort

Trespass was warranted License

Defenses against Defamation

Truth Public Figure Privilege

Battery

Unexcused, harmful, or offensive physical contact with another that is intentionally performed.

Appropriation of Identity

Using a person's name, picture for commercial purposes without permission is a tortious invasion of privacy. Individuals have the right o the exclusive use of their identities.

Danger invites Rescue

When a drunk driver is on the road and someone must swerve to save themselves and then hits another car. The car that's hit is the drunk drivers fault and liability is on them.

Superseding Cause

When an unforeseeable intervening event may break the connection between a wrongful act and an injury to another. The event then relieves the defendant of liability.

Wrongful Interference two categories:

Wrongful interference with a contractual relationship wrongful interference with a business relationship

Business Tort

Wrongful interference with another's business rights and relationships.

Trespass to Personal Property

Wrongfully taking or harming the personal property of another or otherwise interfering with the lawful owner's possession of personal property.

Conversion

Wrongfully taking or retaining possession of an individual's personal property and placing it in the service of another.

The two notions that serve as the basis of all torts:

Wrongs Compensation

Actual harm to the land is not an essential element to Trespass of land because the tort is designed to protect...

the right of an owner to exclusive possession.

Generally the purpose of tort law is to provide remedies for the violation of ...

various protected interests.

Unintentional torts (negligence) results from the...

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

Compensatory Damages are intended to...

compensate or reimburse plaintiffs for actual losses and to try to put the plaintiffs in the same position they were if the tort had not occurred.

Special Damages

compensate the plaintiff for quantifiable monetary losses, like medical expenses, lost wages, extra costs, replacing damaged property.

Tort law is designed to

compensate those who have suffered a loss or injury due to another persons wrongful act..

Absolute privilege is granted in...

court rooms to attorneys and judges as well as to government officials during legislative debate.

Res Ipsa Loquiter puts the burden of proof on the...

defendant because negligence occurred.

Central to the tort of negligence is the concept of...

duty of care.

Retailers and other firms that invite person to come onto their premises are charged with a duty to...

exercise reasonable care to protect those persons

Two types of Compensatory Damages:

Special Damages General Damages

Res Ipsa Loquiter

Special Negligence Doctrine. A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally the term means "the facts speak for themselves."

Negligence Per Se

Special Negligence Doctrine. An action or failure to act in violation of a statutory requirement. If a person violates a statute or ordinance and thereby causes the kind of harm that the statute was intended to prevent.

Actual Malice

The deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth. Actual Malice is required to establish defamation against public figures.

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.

Negligence

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.

Libel

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

Causation in fact

Did the injury occur because of the defendant's act or would it have occurred anyway? An act or omission without which an event would not have occurred.

The reasonable person standard

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

Moral pressure or threats of future harm do...

not constitute false imprisonment.

The basic principle of Duty of Care is that...

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

In a tort action one person or group brings a ...

personal suit against another person or group to obtain compensation (monetary damages) or other relief for the harm suffered.

For fraud to occur more than...

puffery must occur. Person must present a fact in which he knows is not true.

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.

Assault

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

Defamation

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

Two main Damages available in Tort Law

Compensatory Damages Punitive Damages

Liability without fault

Conduct that is not wrongful but is abnormally dangerous and can lead to liability.

Personal Property

Consists of all other items which are basically movable.

In legal usage the singular damage refers to what while "damages" refers to what?

Damage= harm or injury to persons or property Damages= monetary compensation for that harm

Damages for Libel

Damages for Libel are hard to measure, usually the plaintiff need not prove that she or he was actually harmed in any specific way as a result of the libelous statement.

Slander

Defamation in oral form

Appropriation

In tort law the use by one person of another persons name, likeness, or other identifying characteristic without permission and for the benefit of the user.

Classifications of Torts

Intentional Torts Unintentional Torts (Negligence torts)

Types of Invasions of privacy IFPA

Intrusion into an individual's affairs or seclusion False Light Public Disclosure of Private Facts Appropriation of Identity

False Imprisonment

The intentional confinement or restraint of another person's activities without justification. It interferes with the freedom to move without restraint.

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.

Publication Requirement

The publication of a statement that holds an individual up to contempt, ridicule, or hatred. Publication means that the defamatory statements are communicated to persons other than the defamed party.

Slander of Quality (trade libel)

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

Intentional Torts result from the...

intentional violation of person or property (fault plus intent)

For a tort to have been committed the plaintiff must have suffered a ...

legally recognizable injury.

Both Causation in Fact and Proximate Cause must be met for...

liability in a tort to be placed on defendant.