Chapter 9 Textbook Notes and Key Terms
Chapter 9 Textbook Notes and Key Terms 70283
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This 4 page Class Notes was uploaded by courtneycorso on Thursday September 10, 2015. The Class Notes belongs to 70283 at Pace University taught by Barnet in Fall 2015. Since its upload, it has received 35 views. For similar materials see Business Law I in Law and Legal Studies at Pace University.
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Date Created: 09/10/15
Courtney Corso Chapter 9 Textbook Notes and Key Terms W What is a Tort Civil noncriminal wrongs that are not breaches of contract but interfere with one s property or person Ex causing someone s character to be questioned entering someone s house without permission Tort vs Crime Crime wrong that arises from a violation of a public duty 0 Government steps are taken to prosecute wrongdoer to deter others from engaging in same type of conduct Tort wrong that arises from a violation of a private duty Can it be both a crime and a tort Types of Torts Brief Descriptions 1 Intentional those that occur when wrongdoers engage in intentional conduct Ex punching somebody in the face 2 Negligence failure to exercise due care under the circumstances in consequence of which harm is proximately caused to one to whom the defendant owed a duty to exercise due care Ex running a red light and hitting another car resulting in an injury 3 Strict Liability civil wrong for which there is absolute liability because of the inherent danger in the underlying activity no regard that there was any intent to harm or any negligence occurred Activity involved is so dangerous there needs to be a liability Ex Construction company s using dynamite to descend land however if anyone is hurt company has strict liability Ex 2 Storage of ammable materials Intentional Torts Assault intentional conduct that threatens a person with a wellfounded fear imminent harm coupled with the present ability to carry out the threat Battery intentional wrongful touching of another person without that person s consent False imprisonment intentional detention of a person without that persons consent 0 Shopkeeper s privilege permits store owner to detain a suspected shoplifter based on reasonable cause and for a reasonable amount of time without resulting liability for false imprisonment Intentional In iction of Emotional Distress tort involving conduct that goes beyond all bounds of decency and produces mental anguish in the harmed individual 0 Ex The Row intern court case Invasion of Privacy consist of three different torts intrusion into the plaintiff s private affairs public disclosure of private facts appropriation of another s name or image for commercial advantage commercial misappropriation of a name or likeness Defamation untrue statement by one party about another to a third party 0 Slander oral or spoken o Libel written or broadcasted 0 Elements of Defamation are I Statement about a person s reputation honesty integrity that isn t true I Publication I Statement directed at a particular person I Damages that result from the statement 0 If the statement is true it is NOT defamation 0 Absolute Privilege used in Congress with testifying witnesses complete defense against the tort of defamation 0 Qualified Privilege media privilege to print inaccurate info without liability for defamation so long as a retraction is printed and there was no malice involved Product Disparagement false statements about another s products also called slander of title trade libel 0 Elements of Product Disparagement are I False statement about a particular business product or about another s honesty reputation ability or integrity I Communication of statement to a third party I Damages Wrongful Interference with Contracts tort win which a third party interferes with others freedom to contract 0 Law offers safety when competing businesses attempt to intentionally cause another to break a contract already in existence Trespass unauthorized action with respect to land or personal property 0 Trespass to land is any unpermitted entry below on across or above the land of another 0 Trespass to property is invasion of personal property without the permission of the owner Negligence Elements of Negligence A duty Breach of duty Causation Damages Duty to Exercise Reasonable Care 0 General duty of care imposed to act as a reasonably prudent person would in similar circumstances 0 Malpractice professional must perform the skill in the same manner as other professionals in the same field Breach of Duty 999 o Breach is evaluated against what a reasonable person would have done in the circumstances Causation 0 Element that connects the duty and the breach of duty to the injuries to the plaintiff 0 Plaintiff must present proximate cause the harm caused was a foreseeable consequence of the defendant s negligent actions Damages 0 Successful plaintiff is entitled to compensation for I Past and future pain and suffering I Past and future physical impairment I Past and future medical care I Past and future loss of earning capacity Defenses to Negligence Contributory Negligence negligence of the plaintiff that contributes to injury and at common law bars from recovery from the defendant although the defendant may have been more negligent than the plaintiff Comparative Negligence fair approach to handling situations where both the plaintiff and the defendant are negligent o Permits a negligent plaintiff to recover some damages but only in proportion to the defendant s degree of fault Assumption of the Risk Two Categories 1 Expression assumption of the risk written exculpatory agreement under which a plaintiff acknowledges the risks involved in certain activities and releases the defendant from prospective liability for personal injuries sustained as a result of the defendant s negligent conduct 2 Implied primary assumption of the risk when a plaintiff has impliedly consented to relieve a defendant of a duty to the plaintiff regarding specific known and appreciated risk Immunity o The government is often generally immune for tort liability Strict Liability Very few defenses are available Developed to provide guaranteed protection for those injured by conduct the law deems serious and inexcusable What is a strict Liability Absolute standard of liability imposed by the law in circumstances the courts or legislatures have determined require a high degree of protection How do you impose a strict liability Common when statutory duty is imposed and in product liability Ex requirements and rules for using transporting sale of radioactive materials any violation would result in a strict liability Key Terms Absolute Privilegg a complete defense against the tort of defamation special right advantage immunity granted to men in Congress INTENTIONAL Contract Interference tort in which third party interferes with others freedom to contract INTENTIONAL Contributory Negligence negligence of plaintiff that contributes to injury sometimes reduces amount receives from defendant NEGLIGENCE Defamation untrue statement by one party about another party INTENTIONAL Elements1 Statement about person s reputation honesty integrity 2 Publication 3 Statement directed at a particular person 4 Damages as a result of statement False Imprisonment intentional detention of a person without a person s consent INTENTIONAL Intentional Torts occurs when wrongdoers engage in intentional conduct Invasion of Privacy tort of intentional invasion into the private affairs of another INTENTIONAL Libel defamation written or broadcasted INTENTIONAL Malpractice professional must perform skill in some manner or at level of other professionals in the same field NEGLIGENCE Negligence failure to exercise due care under circumstances Product Disparagement false statements made about a product or business INTENTIONAL Qualified Privilege media privilege to print inaccurate info without liability so long as retraction statement is printed amp words aren t malice INTENTIONAL Slander defamation oral or spoken INTENTIONAL Strict Liability imposes liability without regard to whether there was any intent to harm negligence occurred made because activity or product is dangerous Tort civil wrong that interferes with ones property or person Trade Libel written defamation about a product or service Trespass unauthorized action without respect to land or personal property