BLAW CH. 9, 10
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This 5 page Bundle was uploaded by Lexie Barclay on Monday October 10, 2016. The Bundle belongs to BLAW at University of Arkansas taught by John Norwod in Fall 2016. Since its upload, it has received 6 views.
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Date Created: 10/10/16
CH. 9 BLAW Notes Tort→breach of duty created by law (different than breach of contract) EX: car wreck due to negligence, for instance, is a ccidental tort Where does tort law come from? CASE LAW ● Case Law of Torts ● Restatement (Summary of Law of Torts) ● FACTS! are critical components of any tort case Damages: ● Compensatory: (same as in contract law) to compensate victim/efforts to make them whole again ● Punitive: punish defendant (allowed in tort cases but not contract) Tort Reform i ncludes: ● Federal statutory law→ product liability lawsuits shifted to federal courts ● Limits on economic damages by state legislatures ● “On punitive” (declared unconstitutional by AR Supreme Court) ● State Farm vs. Campbell ○ Excessive punitive/compensatory ratios are in violation of due process Intentional Torts 1. Intentional personal injury a. Assault (the fear) b. Bettery (the striking) c. Wrongful death (murder/manslaughter) d. Defenses: i. “Reasonable force” or “deadly force” criminal and civil 2. False Imprisonment (“detention”) a. Not jail b. Very common in business world c. “Shopkeeper’s Priviledge” → 2 requirements to detain: i. Reasonable suspicion ii. Reasonable period of time (some states specify) 3. Intentional Infliction of Emotional Distress a. Too vague to be useful or viable usually b. “Near Misses” in car= ot compensable c. Action must either result i 1) physical injury OR (2) the action must be completely intolerable extreme) i n society 4. Defamation (aka libel and slander) a. Said something false about someone else that h as caused them harm 1. Communication to third party 2. False 3. Damages (could be to their business, themself, etc.) 4. Public Figure Doctrine (NY Times vs. Sullivan Case) a. Media gets leeway→ must prove actual m alice b. Malice→ reckless disregard/negligence for the truth OR knew it was false and printed it anyway 5. Invasion of Privacy a. No communication required b. Truth is NOT a defense i. EX: “Girls Gone Wild” Lane vs. MRA Holdings c. Recording Phone Calls: i. Federal law: one party system→ only need one party’s consent (recording party) to record phone call ii. Two party systems→ must get other party’s consent to record phone call iii. (AR is a one-party state) 6. Illegal Misappropriation of Name or Likeness a. EX: NCAA Video Game case b. Lindsey Lohan vs. Grand Theft Auto 7. Business Tort: interference with a contract (pg. 229) a. getting/ elping someone to breach or abandon their contract b. “alienation of affection”→ used to refer to marriage c. Third party must be aware of contract to be guilty 8. Intentional Tort against Property a. Trespassing b. Conversion (stealing) 1. E 2. C 3. C 4. D Unintentional Torts ● A “ act oriented” area of law ● What happened? ○ What you can’t p rov did not happen. ● What is reasonable? Basic Elements: (1) Duty, (2) Breach of Duty, (3) Causation, (4) Damages 1. Duty a. EX: Case #1→ check powerpoint i. Is landlore liable? Supreme Court ruled in favor of landlord ii. Speaks to importance of c ase law in torts iii. Almost ALWAYS follows legal precedent b. EX: Sullivan vs. Fraternity→ not liable for his death c. Shannon vs. Wilson (1997) Supreme Court of AR i. Car accident killling two minors who were underage drinking liquor they bought from liquor store that did not ask for identification ii. Before this case, no liability iii. Came from case law iv. They changed the law...there is now liability d. Duty of Landowners (Businesses)→ exercise “reasonable care” i. Business Invitees 1. Duty is to w arn invitees of foreseeable risks 2. Duty to discover and remove hidden dangers ii. Trespassers: only duty is to avoid deliberate harm e. Arkansas Act 1596 (as far as distribution of alcohol) i. Sale by retailer, where the retailer knew or should have known purchaser was a minor ii. Sale by retailer to person clearly intoxicated iii. Only liable if provided by licensed retailer (not “social host”) 2. Breach of Duty: not exercising reasonable care (negligence)--everyone is subject to same standard a. negligence→ must be proven by preponderance of the evidence b. Affirmative defenses: contributory negligence i. Comparative fault: means b oth parties were negligent to some extent 1. If damages are $40,000 and plaintiff is 25% at fault, damages are reduced by $30,000 ii. Assumption of Risk→ (case: pg. 237) 1. Common in sporting events: you get hit by baseball at MLB game c. Negligence per se: automobile liability if defendant's act is in violation of statute d. Good Samaritan Law: can’t be sued if you were trying to help someone who was in danger 3. Causation a. Failure to exercise reasonable care has caused victim harm b. EX: Palsgraf vs. Long Island Railroad i. Accident was not within the “ Ambit of Foreseeable Risk”→ not reasonably foreseeable risk (on the part of the railroad company bc they couldn’t have known about the explosives) 4. Possible Damages a. Property b. Medical c. Loss of Earnings d. Pain and Suffering e. Punitive f. Loss of Consortium (loss of love and affection) 1. C 2. E 3. C 4. B 5. C CH. 10 BLAW Notes Strict Liability→ liability regardless of fau on’t have to prove negligence) 1. Abnormally dangerous activities a. EX: blasting, demolition, storing explosives, keeping wild animals b. NOT STRICT LIA BILITY; professional malpractice (if a doctor’s patient dies during an operation) c. Dog bites (AR→ one bite rule) 2. Product Liability a. The Basics: Public Policy→ a professional seller/manufacturer b. Tort Action Requirements: 1. Professional Seller 2. Defect 3. Unreasonably dangerous 4. No “privity to contract” required 5. Not liable if product changed 6 Liabilit annot be waived Warnings: ● Normal Strict Liabilit oes not cover products that are not defective, byt could be dangerous without proper warnings→ negligence issue
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