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Legal Studies torts class 9

by: Paget Kern

Legal Studies torts class 9 LGS 200

Marketplace > University of Alabama - Tuscaloosa > Business > LGS 200 > Legal Studies torts class 9
Paget Kern

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About this Document

Covers torts, such as trespassing, negligence, fraud, and interference with contractual/business relationships
Legal Studies Honors/ Legal Environment of Business
Mr. Brian Turner
Class Notes
torts, Legal Studies, Legal Environment of business, LGS
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This 4 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 12 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 2/5/2016 Notes not on slides continued… Torts  Invasion of Privacy o Using someone else’s face/name to gain profit without their permission o Appropriation o Intrusion: eavesdropping, peeping tom, b and e… sue and press charges o False light publications: write an article about someone’s opinions, although that person has never mentioned publicly  Arkansas 1992  Male delivery woman, 101, quits job because she’s pregnant  Woman was 96, owned a news stand, and was not pregnant  Sued newspaper for invasion of privacy o Public disclosure of private facts: telling your private information to the public without your consent… if someone takes your financial information, reveals your credit or your stocks… medical records, sexual history  Fraud o Misrepresentation of material fact: very important and significant fact about you… has to be about something you know o Person has to be doing so with the intent for you to rely and act on their statement, knowingly they are wrong  Buy your car, everything is perfect… the breaks work  Know that breaks don’t actually work  Tells you that so you will trust and buy car o Damage as a result: because you bought the car and ran into a tree, you are injured due to the misrepresentation of fact… No accident? Can still do it, breach of contract o Fact vs opinion: Opinion is irrelevant, sales talk, puffery… to get a fraud claim, they have to lie about fraud  Abusive or frivolous litigation o Suing other side o Billboard case: plaintiff the billboard competition and defendant billboard client  Put up a digital billboard, prohibited competition for doing it  FRIVILOUS: sued because they were mad… was settled  Threated a malicious prosecution… plaintiff would have had to lose the case  Prove malice… filed original case to get at us  No good argument, just bitter  ABUSIVE  Can claim counter claim for abuse, no claim of malice or loss or original case o Abuse of process  Wrongful Interference with a contractual relationship o Two parties to a contract (A pays B, B provides service) o C (competitor of B)… C claims to serve A better, needs to breach original contract and pay C o If A breaches contact, and enters new contract, then B can have a claim C has a contractual relationship  Prove that C was aware of original contract  Prove C was convincing A to breach contract  C now gets contract, B wins claim  Business Relationship o Same and contractual relationship o C loses money, does not get contract with A o Predatory, not competitive, behavior  C runs new campaign, and A enters contract with C competitive, A chose to breach without inducement  Trespass to land o Press charges and sues… have to cause harm to earn money from claims o Drive a car, caused “something” onto land and cause damage o Have dinner party, won’t leave… remaining on property without permission o Defenses  Emergency situation: firefighters have to come onto your land, even if you’re not there to give permission  Licensee: Bryant Denny stadium. We have tickets to see football game, which is our license… Couple hours before and after the game, we have tickets and have their consents… when gates close, we lose the right  Liability with trespass: property owner not liable for trespasser  Poacher comes on your land  Trap them in a hole, and get injured  Because you caused their injuries, although they were trespassers, you have the duty to make sure those that come on your property are safe  ANOTHER: Swimming pool… swim at your own risk o If you fall in pool and get injured, it is not their liability… you were warned  Trespass to personal property o Is you take my computer, theft… sue for value of computer  Conversion o Unlawful taking of property, take computer and never return and use o Shop lifts… taking without buying and using to wear  Disparagement of property o Slander of quality  ABC dealership competes with XYZ  XYZ says ABC sells cars that are wrecked or low quality, a spoken word, publication, to win customers over  When ABC finds out, can file suit… losing sales due to statements (injury) o Slander of title  Same situation  False statements about ownership  ABC selling stolen cars  Negligence o Most frequent tort litigation claim o Unintentional accident o Analysis  Duty of care  When you drive, you have duty not to be distracted  REASONABLE PERSONS STANDARD o Would a reasonable person do the same? o If you are a professional, your standard is higher… pull other businesses to testify how they would’ve acted  Physician operating on wrong leg, how would other physicians go about it?  Foreseeable risks: known dangers of your actions  EXCEPTIONS: obvious risks defense o Jane in Florida o Georgios Bar and Grill o White napkins threw all over floor, jane dances on napkins, slips and breaks hip o Bar did not make dangers known, but it was an OBVIOUS RISK o Yes obvious risk, but it was their duty to clean up napkins when aware of liabilities (unaware dancing drunks)  Breach of duty  Not adhering to duty of care  Professional: called professional malpractice  Causation  Actual o The actual cause of the injury o Would the injury would have occurred anyways or due to defendant’s fault? o But For  MCDONALDS case, serving coffee at 185 when standard was 165  Coffee could cause third degree burns  But for MC selling 185, client would not get burns   Proximate o Foreseeable? o Is it foreseeable that serving 185, that spilling coffee, would get burned?  Injury  Legally recognizable injury o 3 degree burns provable and compensable o Entitles to compensatory and punitive damage


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