RHM 421-320 February 2 Notes
RHM 421-320 February 2 Notes RHM 421-320
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Anna Wynn Rodgers
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This 2 page Class Notes was uploaded by Anna Wynn Rodgers on Monday February 9, 2015. The Class Notes belongs to RHM 421-320 at University of Alabama - Tuscaloosa taught by Teer in Spring2015. Since its upload, it has received 93 views. For similar materials see Hospitality Law in Public Health at University of Alabama - Tuscaloosa.
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Date Created: 02/09/15
RHM 421320 Notes February 2 2015 Tort Law Tort Law A is a personal injury that is private or civil other than a breach of contract for which the court will provide a remedy in the form of an action for damages 0 Example ice cubes melt on a grocery store aisle and a woman falls 0 Example Someone takes a bite of soup and there is a roach in the soup Categories arise out of negligence arise out of actions that are intentional Intentional Torts any unconsensual touching coupled with injury put in fear of a battery coupled with injury You do not have to have actual touching for there to be a battery m o Throwing something at someone can be battery o e he e c i Improoer use of confidential Information 53 e I I C In We ve given In a business relationship Entrusiroper C Law Protects quotent Financial Information 2 Personal Health Information Two varieties of 1 Libel defamation committed to media 2 Slander defamation which is spoken Elements 1 Spoken doesn t have to be true 2 Published find proof of what was said don t have to have consent of speaker 3 Harm reputation defamation per se no need to prove harm to reputation Hard to prove Defamation Per Se Three types of statements were made and it is assumed they ve been harmed by law 1 Someone raped or tortured which they claim is assumed it happened 2 A woman called a whore even though people really don t know is assumed 3 Changing circumstances change the law when you accuse someone of having a quotloathsome disease Ieprosy and venereal disease in 1800s now known as AIDS Unintentional Torts rises out of ownership andor control of real property rises out of products you sell rises out of profession medicine etc automobiles heavy machinery 4 elements that have to be present in order to be negligence I individuals involved in this affair one of them is supposed to be careful to the other or both careful to each other RHM 421320 Notes February 2 2015 2 very common for negligence cases Duty 9 the way you are supposed to act prove It is the behavior in this situation that reasonable people would 1 duty of care expect 2 bread f Violating standard care dUty Of care Prove what actually happened 3 prove she caused it 3 ways to prove someone s actions 4 prove there 1 Testimony of witnesses memory can be good or bad are injuries 2 Usual and customary to practice fr m it 3 Documentation Did the person being sued cause whatever happened to the person suing 4 physical injury property damage mental anguish psychological injury injury to relationship same sex marriage issue injury to spouse or child Premises Liability Own a place liable Meet the standard of care and owe to it Duty when you are dealing with the Premises Liability level of duty is based on type of visitor to the premises Three types of visitors 1 person on the property without permission of owner 2 person on the property for that person s purposes 3 a person on the property for the purposes of the person in control of the property How careful you have to be towards visitors Little care for trespassers Medium care for licensees lost careful for invitee Proactive when warning about danger Respondiat Superior Employer answers for employee 0 The principal answers for the agent If you are employed for an agent and do something wrong you are responsible for your actions as well as the employer 3 Kinds ofAuthority 1 2 3 that authority that is explicitly given to the employee or agent the authority necessary to get an assigned tasllt done the authority which seems attendant to the person affected
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