Business Law: Chapter 6 (Tort Law)
What are the Elements of Strict Liability?
an activity that: - involves a risk of serious harm to people or property - is so inherently dangerous that it can't ever be safely undertaken - not usually performed in the immediate community
What is Negligence Per Se? ("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
What is the definition of Tort?
civil wrong or injury to another, other than breach of contract, giving the injured party the right to bring a lawsuit against the wrongdoers to recover compensation for economic and/or physical damages
What is the definition of Slander?
defamation made orally
What is the definition of Libel?
defamation published in permanent form, such as in a magazine or newspaper
What are Compensatory Damages?
designed to compensate the victim for all harm caused by the defendant
What is the definition of Negligence?
failure to exercise reasonable care to protect another's person or property, causing an unreasonable risk of harm to others
What is the definition of Disparagement?
false statement of material fact resulting in damage to a business or product's reputation
What are Punitive Damages?
imposed to punish defendant for extremely outrageous conduct, and to deter the defendant and others from committing similar future offenses
What is the definition of Defamation?
intentional publication (communication to a third party) of a false statement harmful to an individual's reputation
What is the definition of Battery?
intentional, unwanted offensive bodily contact
What is the definition of Strict Liability?
liability without fault
What is Trespass to Reality?
occurs when a person intentionally: - enters the land of another w/o permission - causes an object to be placed on the land of another w/o the landowner's permission - stays on the land of another when the owner tells him/her to depart - refuses to remove something he/she placed on the property that the landowner asked to be removed
What is the definition of Conversion?
situation that occurs when a person permanently removes personal property from the owner's possession and control
What is the definition of Private Nuisance?
situation when a person uses his/her property in an unreasonable manner that harms a neighbor's use or enjoyment of his/her property
What is the definition of Assault?
situation when one person places another in fear/apprehension of immediate, offensive bodily contact
What are Nominal Damages?
small amount of money given to recognize that defendant committed a tort, in a case where plaintiff didn't experience, or failed to prove, actual damages
What is the definition of Trespass to Personal Property?
temporary exercise of control over another's personal property, or interference w/the true owner's right to use the property
What is the definition of Unfair Competition?
tort against economic interests that occurs when the defendant unreasonably interferes with the plaintiff's opportunity to earn a profit
What is are Intentional Torts? (Against Persons)
- assault - battery - defamation
What are the Damages Available in Tort Cases?
- compensatory damages - nominal damages - punitive damages
What are the Defenses Available to the Defendant in a Battery Lawsuit?
- consent - self-defense - defense of others - defense of property
What are the Defenses to Negligence?
- contributory negligence - comparative negligence - assumption of the risk
What are the elements of Fraudulent Misrepresentation?
- defendant knowingly, or w/reckless disregard for the truth, misinterpreted material facts & conditions - defendant intended to have another party rely on the misinterpretation - plaintiff reasonably relied on the misinterpretation - plaintiff suffered damages because of reliance on the misinterpretation
What are the different types of Intentional Torts? (Against Economic Interest)
- disparagement - intentional interference with contract - unfair competition - fraudulent misrepresentation
What are the elements of Negligence?
- duty - breach of duty - causation (actual & proximate) - damages
What are the elements of Res Ipsa Loquitur? ("The Thing Speaks for Itself)
- event was a kind that ordinarily doesn't occur in the absence of negligence - other reasonable causes, including the conduct of 3rd parties & the plaintiff, have been sufficiently eliminated - indicated negligence is w/in the scope of the defendant's duty to the plaintiff
What are the Classifications of Torts?
- intentional torts - negligent torts - strict liability torts
What are the Types of Defamation?
- libel - slander
What are the Goals of Tort Law?
- provide compensation for injured parties - maintain order in society by discouraging private retaliation by injured parties - give citizens a sense that they live in a just society
What are different types of Intentional Torts? (Against Property)
- trespass to reality - private nuisance - trespass to personal property - conversion
What are the elements of an Intentional Interference With Contract?
- valid & enforceable contract between 2 parties - defendant knew of the existence of the contact and its terms - defendant intentionally undertook steps to cause one of the parties to breach the contract - plaintiff injured as a result of the breach of contract
