BUL Exam #1

Damages for disparagement are ordinarily based on _________

Damages for disparagement are ordinarily based on a decrease in profits linked to the publication of the false statement

Negligent Torts

Defendant acts in a way that subjects others to unreasonable risk

Strict-liability Torts

Defendant takes an action that inherently dangerous and cannot be undertaken safely, no matter the precautions

Disparagement protects what?

Disparagement is a tort designed to protect ones property interests

Difference between Disparagement and Defamation

Disparagement is similar to defamation, because both torts involve the making of a false statement but it is different because it is a tort designed to protect ones property interests, whereas defamation is designed to protect one's reputational interests

Modified Comparative Negligence

Courts calculate damages according to modified comparative negligence in the same manner, except that the defendant must be more than 50 percent at fault before the plaintiff can recover.

Damages Available in Tort Cases

-Compensatory -Nominal -Punitive

Intentional Torts

"Willful" / element of intent Divided into: Torts against persons, torts against property, torts against economic interests

Abuse of Process (3rd tort that protects those unreasonably subjected to litigation)

-Abuse of Process is more general and applies to both criminal and civil matters in which a legal procedure is misused to achieve a different goal than it intends For example: Ben and Jennifer are recently divorced; Ben owes Jennifer alimony as part of the divorce settlement. As retaliation, he sues her for slandering him to his business partners. Ben's attorney offers to settle out of court if Jennifer will drop the alimony requirement from the divorce settlement. Regardless of whether Ben wins in court, Jenifer can file abuse-of-process charges against him in civil court because legal proceedings for slander are not intended to be used as mitigating devices for divorce disputes

Assault (bodily harm)

-An assault occurs when one person places another in fear or apprehension of an IMMEDIATE, offensive bodily contact -Apprehension and fear ARE NOT the same thing when it comes to assault. • A person may be in apprehension of physical harm but be too courageous to be afraid. An assault occurs if apprehension exists, regardless of fear -Immediacy is also the reason that words, however violent, are not typically considered enough to establish an assault -Words constitute an assault typically when combined with what might otherwise be an innocent move.

Negligence Per Se (literally means "negligence in or of itself")

-Applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs. o If the defendant's violation causes the plaintiff to suffer from the type of harm that the statue intends to prevent, the violation is deemed negligence per se. -Plaintiff does not have to show that a reasonable person would exercise a certain duty of care toward the plaintiff, instead, the plaintiff can offer evidence of the defendant's violation of the statue to establish proof of the negligence "means negligence in and of itself, self-proving ... courts may adopt standard of conduct found in legislative enactments [laws] which can provide jury with conclusive presumption on the issue of negligent conduct "

Public Figure Privilege (another conditional privilege) (also called constitutional privilege)

-Because public figures have a significant impact on our lives, we want to encourage free discussion about them, so we do not hold people liable for making false statements about them AS LONG AS THE STATEMENTS WERE NOT MADE WITH MALICE. • This privilege does not unfairly burden public figures because their position lets them easily respond publicly to any false claims through appropriate outlets.

Slander per se generally includes claims that the plaintiff:

-Has a loathsome, communicable disease (traditionally venereal disease or leprosy) -Has committed a crime for which imprisonment is a possibility -Is professionally incompetent -If a woman, is unchaste (although in most states today where this category is still recognized, it usually applies only to underage girls)

Intentional Torts (more detailed)

-Occur when the defendant takes an action intending certain consequences or knowing they are likely to result -The most "willful" of torts, share the common element of intent -This intent is not to harm but, rather to engage in a specific act, which ultimately results in an injury, physical or economic, to another

Conversion

-Occurs when a person permanently removes personal property from the owner's possession and control. o The owner usually recovers damages for the full value of the converted item, plus any additional damages resulting from the loss. o It is not a defense to claim that you thought you had a legal claim to the goods. -Converting the ownership from the person who really owns it to the person who just dispossessed you -Intentional exercise that interferes with owners right to such a degree that it would require full payment for the value of the property • Ex: I take your car and push it off a cliff

2 doctrines to aid plaintiffs in establishing negligence claims ( i.e. when direct evidence of negligence by the defendant isn't always available):

-Res ipsa loquitur -Negligence per se

Slander per se

-Statements so inherently harmful that general damages are presumed

To establish res ipsa loquitur the plaintiff must demonstrate that (3 elements):

-The event was a kind that ordinarily does not occur in the absence of negligence -Other responsible causes, including the conduct of third parties and the plaintiff, have been sufficiently eliminated. -The indicated negligence is within the scope of the defendant's duty to the plaintiff Once the plaintiff has demonstrated these three elements, the burden of proof shifts to the defendant, who must prove that he was not negligent to avoid liability. -Proof of these three elements does not require a finding of negligence, however; it merely permits it.

Defamation (Harm of dignity)

-The intentional publication (or communication to a third party) of a false statement harmful to an individuals reputation.

Res Ipsa Loquitur (literally means "the thing speaks for itself")

-The plaintiff uses this doctrine to allow the judge or jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, EVEN THOUGH THERE IS NO DIECT EVIDENCE OF THE DEFENDANT'S LACK OF DUE CARE.

Primary Objective of Tort Law

-To provide compensation for injured parties. -To compensate innocent persons who are injured -To prevent private retaliation by injured parties -To reinforce a vision of a just society -To deter future wrongs

Intentional Torts are divided into

-Torts against persons -Torts against property -Torts against economic interests

Intentional Torts against persons (1st subcategory of Intentional torts)

-Torts against persons are intentional acts that harm an individual's physical or mental integrity -Several different Intentional Torts Against Persons: -Assault and battery, defamation, privacy torts, false imprisonment, intentional infliction of emotional distress and misuse of legal procedure.

Torts

-Torts: area of law that encompasses situations where people, because of their conduct, injure other people -Tort= private law -A tort is a civil wrong that gives the injured party the right to bring a lawsuit against the wrongdoer to recover compensation for injuries -Is a wrong or injury to another, other than a breach of contract

Battery (bodily harm)

-harmful or offensive bodily contact • Almost any unwanted intentional contact constitutes a battery, even if harmless, and intent is irrelevant for establishing liability.

Attractive Nuisance

-landowner may be held liable for injuries to trespassers if injury is caused by hazardous object or condition on land is likely to attract person i. Ex: abandon cars, piles of sand/lumber, trampolines, swimming pools

Must demonstrate all of these to prove Fraudulent Misrepresentation occurred

1) Someone knowingly or with reckless disregard for the truth, misrepresented material facts and considerations 2) Defendant intended to have other parties rely on the misrepresentations (i.e. Make decisions based on the lie) 4) Injured party reasonably relied on lie and suffered damages because of it 5) Direct link btw injuries and reliance • → Clearly need intent

Plaintiff/person who was defamed must first prove:

1) a falsehood, that it was wrong 2) public, it was published / communicated to 3rd party

Fraud - intentional tort (three elements)

1. Misrepresentation of material fact (lie) 2. Person relies on your lie → justified ... 3. Person then makes a decision based on lie

Defenses available to a person accused of defamation

2 defenses available: Truth and Privilege

Invasion of privacy (4 distinct torts)

4 distinct torts, collectively called invasion of privacy, protect the individual's right to keep certain things out of public view even if they are true. 4 Privacy torts: • False Light • Public Disclosure of Private Facts • Appropriation for Commercial Gain • Intrusion On An Individual's Affairs or Seclusion

TQ: making jury understand can be challenging so came up with rule to shortcut the reasonable person ...

= rule of evidence ? -Negligence per se?

Damages (4th condition plaintiff must prove to win negligence case)

A compensable loss suffered by the plaintiff o The plaintiff must have sustained compensable injury as a result of the defendant's actions o A person cannot bring an action in negligence seeking only nominal damages, but rather a person must seek compensatory damages.

Intent

A desire to bring about the actual consequences of ones act -Doesn't mean they have to injure the party the way they actually do, just had to have the desire to

Trespass to Personal Property

A person commits trespass to personal property, also called Trespass to Personalty, by temporarily exerting control over another's personal property or interfering with the owner's right to use it. -The trespasser is responsible for damages to the property and to the owner. -Intentional dispossession or unauthorized use of another property

Absolute Privilege

A person with absolute privilege cannot be sued for defamation for any false statements made, regardless of intent or knowledge of their falsity -Absolute Privilege arises in only a limited number of circumstances: -Absolute privilege given to individuals speaking on the House and Senate floors during congressional debate -Absolute privilege arises in the courtroom during a trial (we don't want people to fear testifying in court)

Pure Comparative Negligence

According to a pure comparative negligence defense, the court determines the percentage of fault of the defendant.

Gross Negligence

An action committed with extreme reckless disregard for the property or life of another person

Contributory Negligence (type of defense for negligence)

Applies in cases in which the defendant and the plaintiff were both negligent o Defendant must prove that: • The plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm • The plaintiffs failure was a contributing cause to the plaintiff's injury

Remedy for Trepass to real property (Trespass to Realty)

Ask for an injunction: court order where they order you not to do something

Guests and trespassing

Because guests are welcome, they are not considered trespassers -But, a guest who is asked to leave and refuses immediately becomes a trespasser with no right to be on the property. • If charges are brought, the person cannot raise the dense of being a guest -However, owners owe a reasonable duty to anyone on their property

Five types of Harm

Bodily Harm Harm of Dignity (defamation) Invasion of Privacy Harm to Property Harm to economic interest

Malicious Prosecution and Wrongful Civil Proceedings SERVE SIMILAR FUNCTIONS(1st and 2nd torts that protect those unreasonably subjected to litigation)

Both seek to compensate those wrongfully charged with either criminal or civil matters -Successful plaintiffs are entitled to damages for legal fees related to the improperly brought litigation; harm to reputation, credit, or standing caused by the false claims; and any emotional distress caused by the improper litigation

Breach of Duty (2nd condition plaintiff must prove to win negligence case)

Breach of duty: Failure to live up to the standard of care -Where conduct falls below the standard of reasonable person -Once a plaintiff has established that the defendant owes her a duty of care, she must prove that the defendant's conduct violated that duty

Compensatory Damages

Compensatory damages are designed to compensate the victim for all the harm caused by the person who committed the tort (often called the "Tortfeasor") -Because the primary objective of tort law is to compensate victims, the primary type of damages is compensatory damages

Conditional Privilege

Conditional Privilege -Under conditional privilege, a party will not be held liable for defamation unless the false statement was made with ACTUAL MALICE, that is, with either knowledge of its falsity or reckless disregard for its truth. Example: Conditional privilege that arises with respect to job recommendations. • To encourage honest assessments of former employees, this privilege protects an employer who makes a false statement about a former worker: The employer will not be held liable as long as the statement was made in good faith and only to those with a legitimate interest in the information

Inflection of Emotional Distress (bodily harm)

Conduct well beyond the bounds of decency which causes person to suffer severe mental / emotional harm -Intentional conduct likely to cause extreme emotional distress, hard to prove -Occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to another party.

Defense to battery

Consent -Consent mitigates the element of unwanted. A person cannot commit a battery if the other party consented to the contact Self-Defense -Responding to the force of another with comparable force to defend yourself You CANNOT respond with greater force than is being used against you. -Ex: You may use deadly force only against another's deadly force. -Defense of others -Defense of Property -you can use reasonable force to protect your property, the use of deadly force in defending property is very rarely allowed by the courts

Duty (of care), (1st condition plaintiff must prove to win negligence case)

Duty= The standard of care a reasonable person owes another o The plaintiff must first establish that the defendant owes a duty to the plaintiff o Courts typically use the reasonable person standard to determine the defendants duty of care

Torts Against Economic Interests (3rd sub-category of Intentional torts)

Frequently referred to as business torts

Causation (3rd condition plaintiff must prove to win negligence case)

Has two separate elements: • Actual cause • Proximate cause -Plaintiff MUST PROVE BOTH ELEMENTS OF CAUSATION TO BE ABLE TO RECOVER DAMAGES -Consists of 2 elements; (a) Actual cause (cause in fact)- the determination that the plaintiff's harm was a direct result of the defendant's breach of duty; and (b) proximate cause (legal cause)- the extent to which, as a matter of policy, the defendant will be held liable for the consequences of his/her actions

Reasonable Apprehension

If a reasonable person would experience apprehension in a given situation, and the person in that situation does experience apprehension (not necessarily fear), an assault occurs.

Slander (type of Defamation)

If the defamation is made orally, it is slander -Because slander lacks permanence, to recover damages the plaintiff must prove "special damages," or specific monetary loss. -If the people who heard the slander do not act in a way to cause harm to the slandered person, there is no cause for compensation.

Libel (type of Defamation)

If the defamation is published in a permanent form (such as in a magazine or newspaper) it is known as libel. -Television and radio broadcasts are also considered libel, since the are permanently recorded -In the case of libel, "general damages" are presumed. Thus, the victim is entitled to compensation for damages that are presumed to flow from defamation but are hard to prove, such as humiliation

Proving damages in a false-imprisonment case:

If the physical restraint caused harm requiring medical treatment, such damages would be clear, but most cases do not include physical harm. Typically, plaintiffs request compensation for time lost from work and for pain and suffering from mental distress and humiliation

Slander of Title

If the statements relate to ownership of the business property

Who is liable for defamation?

In addition to the person who publishes a false statement, ANYONE who republishes, or in any manner repeats, a defamatory statement IS ALSO LIABLE FOR DEFAMATION, even if he or she cites the original source of the defamation

Types of Torts

Intentional Tort Negligent Tort Strict-liability Tort

Reasonable Person Standard

Is a measurement of the way members of society expect an individual to act in a given situation • To determine the defendant's duty of care, the judge or jury must determine the degree of care and skill that a reasonable person would exercise under similar circumstances -If jury decide that reasonable person would NOT do that, then person is negligent

Disparagement

Is a tort designed to protect ones property interests from false statements made by others -Publication of false facts which injures a persons economic interest (libel or slander for businesses) -The plaintiff in a disparagement case must prove that the defendant published a false statement of a material fact about the plaintiff's product or service that resulted in a loss of sales

superseding event

Is an unforeseeable event that interrupts the casual chain between the defendants breach of duty and the damages the plaintiff suffered. Example: Jennifer is improperly storing ammonium in her garage when a meteor strikes her garage, spilling the ammonium into a nearby stream. Will, living downstream, drinks water from the stream and becomes dangerously ill. Because the meteor was unforeseeable, Jennifer is not liable for Will's injuries, even though she breached her duty of care to Will • Superseding causes allow the defendant to avoid liability because they are evidence that the defendant's breach of duty was not the proximate cause of the plaintiff's injuries • In other words, superseding causes disprove the causation element necessary to sustain a negligence claim.

Negligence

Is behavior that creates an unreasonable risk of harm to others -Negligent torts involve the failure to exercise reasonable care to protect another's person or property -Occur when failure to exercise reasonable care to protect another's person or property -In contrast to intentional torts, which result from a person's willfully taking actions that are likely to cause injury.

Actual Cause (1st element of causation)

Is the determination that the defendant's breach of duty resulted directly in the plaintiff's injury • Courts commonly determine this by asking whether the plaintiff would have been injured if the defendant had fulfilled his or her duty. -If answer is no (i.e. the plaintiff would not of been injured if the defendant had fulfilled his/her duty) then the actual cause of the plaintiff's injury was the defendant's breach

Strict Liability

Liability is assigned regardless of intent and reasonable care -Strict liability is liability without fault. • The law holds an individual liable without fault when the activity in which he/she engages satisfies three conditions: 1) It involves a risk of serious harm to people or property 2) It is so inherently dangerous that it cannot ever be safely undertaken. 3) It is not usually performed in the immediate community. -Instead of banning these activities, the law allows people to engage in such activities but holds them liable for all resulting harm. - Activities: those that are extremely hazardous, involve high degree of risk and serious harm, none of which can be eliminated by reasonable care - If evidence reveals that that type of evidence is there, defendant should be held strictly liable o Ex: crop dusting (airplanes dumping chemicals on crops → blows over to school), keeping vicious dogs, blasting, dynamiting, hauling nuclear waste

Implied assumption of the risk

Means that the plaintiff implicitly assumed a known risk.

Comparative Negligence (type of defense for negligence)

Most states have replaced the contributory negligence defense with either pure or modified comparative negligence

Motive is ______ to prove liability in an intentional tort case

Motive is not required to prove liability in an intentional tort case

Unfair Competition

When someone enters an industry with the sole intent of driving another firm out of business

Nominal Damages

Nominal damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case where the plaintiff suffered no compensable damages. -A plaintiff may receive nominal damages by simply failing to prove actual damages. -Sometimes when a party is awarded nominal damages, the court may also require that the losing party pay all the court costs, which may include attorney fees (if allowed), as well as the costs of discovery and expert witness fee

Fraudulent Misrepresentation

Occurs when a party uses intentional deceit to facilitate personal gain.

Private Nuisance

Occurs when a person uses her property in an unreasonable manner that harms a neighbor's use or enjoyment of his property. -Non-trespassory invasion of personal land • You have to INTEND to create a situation on your OWN land and as a result your neighbors land is damages

False Imprisonment (bodily harm)

Occurs when an individual is confined or restrained against his or her will for an appreciable period of time. -The imprisonment can occur by: • Physical restraint, such as tying someone to a chair • Physical force, such as forcibly punning someone against a wall. • A threat to use immediate physical force • Refusal to release the plaintiff's property -The use of moral pressure is not enough to establish a false imprisonment

False Light

Occurs when publicity about a person creates an impression about that individual that is not valid - Closely related to defamation • False Light could involve attributing characteristics or beliefs to a person that he/she does not possess or creating the impression that an individual has taken certain actions that he/she has not taken. • A False Light claim can be defended against using public figure privilege; however that defense is not absolute

Intrusion On an Individual's Affairs or Seclusion

Occurs when someone invades a person's solitude, seclusion, or personal affairs when the person has the right to expect privacy. • Examples: wiretapping, using peoples passwords to gain access to their e-mail messages, installing two way mirrors in a women's dressing room all constitute an invasion of privacy because people should be able to expect a certain degree of privacy.

Public Disclosure of Private Facts

Occurs when someone publicizes a private fact about another that a reasonable person would find highly offensive. • The individual must have not waived his or her right to privacy • Examples: Publication of information about someone's sex life or failure to pay debts would fall under this tort.

Appropriation for Commercial Gain

Occurs when someone uses another person's name, likeness, voice, or any other identifying characteristic for commercial gain without that person's permission. • When companies use a celebrity's likeness or image without his/her consent, they open themselves up to potential litigation and liability.

Express assumption of the risk

Occurs when the plaintiff expressly agrees (usually in a written contract) to assume the risk posed by the defendant's behavior

Slander=

Oral

Tortfeasor

Person who commits a tort

Plaintiff bring Intentional Interference with Contract suit must prove (to win):

Plaintiff must prove: o A valid / enforceable contract btw the two parties existed o The defendant knew of the existence of the contract and its terms o Defendant intentionally undertook steps to cause one of the parties to breach the contract o The plaintiff was injured as result of the breach

Privilege (defense for defamation)

Privilege is either absolute or conditional

Punitive Damages

Punitive damages are awarded both to punish conduct that is extremely outrageous and to deter similar activity by the defendant and others. -Juries usually consider the egregiousness or willfulness of the tort and the wealth of the defendant -The more wrongful the nature of the defendant, the greater the desire to send a message that such behavior will not be tolerated -The greater the defendant's wealth, the higher the damages must be in order to be significant

Proximate Cause (2nd element of causation)

Refers to the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his/her actions. -Proximate cause is determined by foreseeability in most states -Proximate cause is said to exist only when both the plaintiff and the plaintiff's damages were reasonably foreseeable at the time the defendant breached his/her duty to the plaintiff.

Duty in regards to trespassers

Rule: NO duty to keep land safe to a trespasser EXCEPT cannot do anything to harm them that you could not do when you're physically home → Attractive nuisance= where create a situation on land that would entice someone to trespass and then result = harm -Thus have duty

Duty in regards to licensees (social guest)

Rule: your duty as occupier/owner of land is to warn your guest of any KNOWN dangers -Only have to warn them -They are there because they want to be

TEST QUESTION: When Certain religious/racial groups...

TQ: when certain religious/racial groups would entice young ppl to join and give them money ... parents would use de-programmers on kids older than 18 → parents would commit unlawful acts for false imprisonment ... must have movement prohibited against own will

Truth (defense for defamation)

The defendant cannot be held liable for defamation, regardless of whether damages result, if the statement made was true -Truth is frequently considered an absolute defense -Under ordinary circumstances, the fact that I THOUGHT a statement was true is not a defense.

Privacy Torts

The fact that truth is an absolute defense to a defamation action DOES NOT mean people are free to reveal everything they know.

The five most common torts against economic interest

The five most common torts against economic interest (frequently referred to as "business torts") are: -Disparagement -Intentional interference with contract -Unfair competition -Misappropriation -Fraudulent misrepresentation

The plaintiff in a disparagement case must prove that _________

The plaintiff in a disparagement case must prove that the defendant published a false statement of a material fact about the plaintiff's product or service that resulted in a loss of sales

The possession of stolen goods also makes a person liable for _____

The possession of stolen goods also makes a person liable for conversion: -Therefore, buying goods in good faith without knowledge of any impropriety also is not a defense • Even a person who bought the goods believing the purchase was legal is liable to the legal owner

Negligence and Strict-liability Torts

These torts are generally committed when an individual fails to maintain a duty of care to another individual

Fair Report Privilege (another conditional privilege)

This privilege protects the media if defamatory material is published in an article based on an official report -2 conditions must exist for media to use the privilege: o 1) The report must be of an official proceeding o 2) The report must be complete and accurate or a fair abridgment of the official proceeding

Misuse of Legal Procedure

Three separate torts protect those unreasonably subjected to litigation: -Malicious prosecution -Wrongful civil proceedings -Abuse of process These 3 torts serve two functions: • They proactively limit frivolous litigation • They try to rectify harm done to a party through inappropriate litigation

Assumption of the Risk (type of defense for negligence)

To use this defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused. • In other words, the plaintiff willingly assumed as a risk the harm he/she suffered o Two types of Assumption of Risk defense: • Express assumption of the risk • Implied assumption of the risk -Most difficult part of establishing this defense is showing that the plaintiff assumed the risk of the actual harm he/she suffered

Common Law

Today's law of contracts actually originated in judicial decisions in England, later modified by early courts in the United States. Since then, contract law has been further modified by the US legislatures and court rulings o The law of contracts is primarily common law. o Restatement of the Law Second, Contracts is an organized collection of the principles of common law contracts o The Restatement (second) is not actually the law itself, although judges frequently cite it because it is an authoritative statement of what the law is.

Tort law assumes ______

Tort law assumes people intend the normal consequences of their actions -Example: If Rob threw a rock toward a group of people, we assume under the law that he intended to hit someone with the rock and that the person hit would be hurt, regardless of Rob's intention merely to scare the group

Transfered Intent

Transferred if harm another person

Trade Libel (if printed)

When such statements are criticisms of the quality, honesty, or reputation of the business or product AND ARE PRINTED

Intentional Interference with Contract

Trying to get a person who is involved in a contract not to perform -Plaintiff must prove: o A valid / enforceable contract btw the two parties existed o The defendant knew of the existence of the contract and its terms o Defendant intentionally undertook steps to cause one of the parties to breach the contract o The plaintiff was injured as result of the breach

Torts against Property (2nd type of Intentional Torts)

Types of property: • Real property- land, apartment, anything attached to land • Personal property- everything else → Real property and personal property have different laws

Slander of quality (if spoken)

When such statements are criticisms of the quality, honesty, or reputation of the business or product AND ARE SPOKEN

Foreseeability test

defendant will not be liable for unforeseen consequences at the time of the act • Proximate cause exists when both the plaintiff and the plaintiff's damages were reasonably foreseeable at time defendant breached his duty to the plaintiff •Still up to the jury to decide

Trespass to real property (Trespass to Realty)

intentionally entering land or causing something to enter land or remaining on land without consent • Only tort where you don't have to prove the harm → harm is the actual entering or remaining • Ask for remedy → ask for injunction: court order where they order you not to do something Further details: -Occurs when a person intentionally: • Enters the land of another without permission • Causes an object to be placed on the land of another without the landowner's permission • Stays on the land of another when the owner tells him to depart • Refuses to remove something he placed on the property that the landowner asked him to remove

Defendants can successfully rebut negligence claims with:

o Contributory negligence o Comparative negligence o Assumption of risk o Other special negligence defenses

Four elements the plaintiff must prove to win a liability case (must prove all):

o Duty o Breach of Duty o Causation o Damages

Rule of evidence

pronouncement that if certain things occur, then jury can consider it with regards to evidence

The defamatory statement must be ______

the defamatory statement must be damaging to someones reputation

Libel=

written

Duty to act (are there certain things we have to do as a standard of law)

• General rule - NO, we have no duty to act • But there are exceptions ... like common carriers who run transportation or ppl who run hotels and motels

Compensatory damages are typically rewarded for:

• Pain and suffering • Costs of repairing damaged property • Medical expenses • Lost wages -Attorney fees ARE NOT recoverable as compensatory damages, despite the fact that most plaintiffs could not bring an action against the Tortfeasor without hiring an attorney