Legal Studies Torts class 8
Legal Studies Torts class 8 LGS 200
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This 3 page Class Notes was uploaded by Paget Kern on Saturday February 6, 2016. The Class Notes belongs to LGS 200 at University of Alabama - Tuscaloosa taught by Mr. Brian Turner in Winter 2016. Since its upload, it has received 13 views. For similar materials see Legal Studies Honors/ Legal Environment of Business in Business at University of Alabama - Tuscaloosa.
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Date Created: 02/06/16
Legal Studies Chapter 12 Torts notes not on slides Class 8 A little vocab Special: can put a dollar on o Broken car, money to fix… calculate a number. Expenses Tort phasor: the defendant General: embarrassment, ruined reputation, pain and suffering Punitive: To punish wrongdoer o McDonald coffee… grandmother gets coffee, served 185, got third degree burns 33 percent body o To punish McDonalds they had to pay 2.1 million to woman, but reduced to 400000 Critics of tort law Frivolous lawsuits… slip and fall but no witness, or your fault? But then sue McDonalds People can make a quick buck by filing a lawsuit mentality REFORM Put a cap on unquantifiable fees o 20-30 percent. Losing party pays all expenses Federal: fairness act of 2005 o cut down on class action suit (drugs and side effects... everyone has same sue reason) o Look at plaintiffs all over, favor plaintiff or defendant? Shopping for a bias jury o Large scale class action, has to be done on federal system. Forum shopping cut down Intentional: person caused injury to plaintiff, knew consequences would result Transferred: threatening and hitting someone. If I hit you, you can sue for battery If I try to hit you but hit someone else, they can claim battery although I tried to hit you instead of friend Assault No contact necessary: someone hits you on jaw o criminal is assault o threat is civil assault without any contact Battery civil: completion of assault Reasonable person standard: with assault, was the person reasonable? Battery: o If I hit you and cause damage… medical expenses and pain and suffering False imprisonment o Physical barriers, hold with physical force o threat of physical restraint o NOT: threat of a lawsuit, “I’m gonna sue you if you leave” and you stay o Merchant protection statutes: investigating someone for shoplifting, can use reasonable steps to investigate whether or not they are stealing Cockerill shipping in Walmart, accused of shoplifting Emptied pockets, disrobed, took off kidney transplant bandage. Sues Walmart for false imprisonment, held against will… can’t walk outside in boxers Tried merchant protection: NOT REASONABLE Emotional Distress of Bystander Most require some physical or illness symptom o Westboro Baptist church protests at Iraq veteran funeral o Burying son, protest beliefs, emotional distress o Won case district court, but decision overturned due to right of freedom of speech REALLY HARD without jury as it goes up, judges apply law on constitutional level not emotional Example o Standing in road waiting to be picked up. Another student hits you as you wait. Your sibling about to get you sees you get hit. Claim against student that hit you. Sibling claims emotional distress of bystander Close relationship, actually saw the accident, and display a physical symptom (shock?)… Generally prevail on bystander claim DEFAMATION ORALY: slander o Proof of special damaged… did you lose your job? Lost wages due to lie? o Claims someone has HIV or mental issues, no proof needed. Assume someone is sleeping around, no proof of damages PRINT: libel o Opinions: protected speech o lie: false statement of fact, “publication” Ex “Charlie is stupid” vs. “Charlie doesn’t have law degree”... second is liable Even text messages… written statements, easily proved Example o Mr. Lawrie has brain hemorrige, treated. Goes into ICU and then is moved o Doctor says “I’m surprised you’re alive”… said “you’ll survive” when Lawrie asked for pjs instead of hospital garment o Family claimed on online post that Dr. McKee had horrible bedside matters o McKee sues for defamation, but family wins because he actually said these words o Exception Immune speech: try to make witness look like they’re uninformed or lying, cannot be sued for that Legislative debate and make wrong claim. Cannot be sued Employer writes wrong statement of fact. Not disseminated to everyone, cannot be sued