Term
| Mathias V. Accor Economy Lodging |
|
Definition
|
|
Term
|
Definition
| the intentional and harmful or offensive touching of another without consent |
|
|
Term
| Intent requirements for battery |
|
Definition
1 intent to cause harmful or offensive contact
2 intent to cause apprehension that such contact is imminent. |
|
|
Term
|
Definition
| a defendant who intends to injure one person but actually injures another is liable to the person injured. |
|
|
Term
|
Definition
| occurs when there is an intentional attempt or offer to cause a harmful or offensive contact with another person, if that attempt or offer causes a reasonable apprehension of imminent battery |
|
|
Term
|
Definition
| the plaintiff's apprehension must pertain to an anticipated battery that would be imminent or immediate. Threats of some future battery, therefore, do not create liability for assault. Plaintiff must experience apprehension at time of assault. |
|
|
Term
|
Definition
| Teacher hit in the back of the head while trying to split up a fight. Goes to court over if he deserves disability for year or until he recovers. Stoshak wins because board has poor definition of what a battery is |
|
|
Term
| History of intentional infliction of emotional distress |
|
Definition
| courts used to not acknowledge it unless there was a physical element |
|
|
Term
| restatement of torts (emotional distress) |
|
Definition
| conduct must be so outrageous in character, and so extreme in degree,, as to go beyond all possible bounds of decency. The defendant must intentionally or recklessly inflict the distress in order to be liable. |
|
|
Term
|
Definition
| the intentional confinement of another person for an appreciable time without his consent |
|
|
Term
|
Definition
| law passed by most states giving store owners the ability to stop suspected shop lifters. |
|
|
Term
|
Definition
| the unprivileged publication of false and defamatory statements concerning another. |
|
|
Term
|
Definition
| written or printed defamation or to other defamation having a more or less permanent physical form, such as a defamatory picture, sign, or statue. |
|
|
Term
|
Definition
| refers to mainly oral defamatory statements |
|
|
Term
| Libel and special damages |
|
Definition
| typically a plaintiff can recover for libel without proof of special damages due to its permanent and serious nature |
|
|
Term
|
Definition
| actual reputional injury and other actual harm |
|
|
Term
|
Definition
| damages that are often associated with case involving libel |
|
|
Term
|
Definition
| form of slander that does not require proof of special damages. False statements that typically include committed a crime involving moral turpitude or potential imprisonment, has a loathsome disease, is professionally incompetent or guilty of professional misconduct, or is guilty of serious sexual misconduct. |
|
|
Term
| Generally an individual of a defamed group cannot... |
|
Definition
| recover damage unless the group is small enough for the it to be implied who is being spoken to |
|
|
Term
|
Definition
| the defendant's statement must be false and defamatory. Truth is a complete defense in a defamation case |
|
|
Term
| Liability for defamation requires |
|
Definition
| publication of the defamatory statement. As a general rule, no widespread communication of a defamatory statement is necessary for publication. |
|
|
Term
|
Definition
| shields the author of a defamatory statement regardless of her knowledge, motive, or intent. People who are protected include participants in judicial proceedings and by one spouse to another |
|
|
Term
|
Definition
| statements made to protect the legitimate interest of another. concerns statements made to promote a common interest. Intacorporate communications are one example. Such communications normally would abuse the privilege, however, if they are also communicated to the public at large. |
|
|
Term
| Conditional priv continued |
|
Definition
| fair comment- jprotects fair and accurate media reports of defamatory matter that appears in proceedings of official government action or originates from public meetings |
|
|
Term
| In order for a defamatory claim to succeed |
|
Definition
| must establish: a false and defamatory statement, unprivileged publication to a third party, fault amounting at least to negligence, the existence of either per se actionability or special harm |
|
|
Term
| Public figure plaintiff cases and actual malice |
|
Definition
| not only must meet requirements of defamation but must be proven to have been done with malice. Actual malice is the knowledge of falsity or reckless disregard for the truth |
|
|
Term
| Invasion of privacy refers to four distinct torts |
|
Definition
1 intrusion on solitude or seclusion
2 public disclosure of private facts
3 false light publicity
4 commercial appropriation of name or likeness |
|
|
Term
|
Definition
|
|
Term
| Elements of a negligence claim |
|
Definition
1 the defendant owed a duty
2 defendant committed a breach of duty
3 the breach was the actual or proximate cause of injury |
|
|
Term
| Negligence laws must act as |
|
Definition
| a reasonable person of ordinary prudence under the same circumstances |
|
|
Term
|
Definition
| Certain professions such as doctors, lawyers, accountants, inn keepers are held to higher standards in regards to negligence. Some landlords are required to keep their tenants safe from 3rd party crimes |
|
|
Term
| Duties to persons on property |
|
Definition
1 invitees- of two general types business visitors and public invitees. A possessor of property must exercise reasonable care for the safety of his invitees.
2 Licensees- door to door salesman. consent to enter property is often implied. owe them safety
3 Trespassers- enter land without permission. only duty not to willfully and wontonly injure trespassers once their presence was known. |
|
|
Term
|
Definition
| Defendant's violation of administrative regulations may create a breach of duty and may allow the plaintiff to win the case if the plaintiff was within the class of persons intended to be protected by the statute or other law and suffered harm of a sort that the statute or other law was intended to proect against. |
|
|
Term
| Types of injury and damages in negligence claims |
|
Definition
1 personal injury
2 property damage |
|
|
Term
|
Definition
| must experience physical touching in order to plead emotional distress |
|
|
Term
|
Definition
| But for test. This test provides that the defendant's conduct is the atual cause of the plaintiff's injury when the plaintiff would not have been hurt but for the defendant's breach of duty. |
|
|
Term
|
Definition
| in order to prove causation one must prove actual cause and proximate cause. Forseeable damage. Damage not caused by random chain of events. |
|
|
Term
| Scope of foreseeable risk |
|
Definition
| a rule dealing with the duty element, because courts adopting this rule hold that a defendant owes no duty to those who are not foreseeable victims of his action. |
|
|
Term
|
Definition
| if a later act or force that contributes to the plaintiff's injury was unforeseeable, most courts hold that it is an intervening cause, which absolves the defendant of liability. |
|
|
Term
|
Definition
| the defendant has exclusive control of the instrumentality of harm and the harm that occurred would not ordinarily occur in the absence of negligence. The plaintiff was in no way responsible. The defendant runs a risk of losing the case if can't prove lack of negligence . |
|
|
Term
|
Definition
| a negligent defendant is liable for the full extent of her victim's injuries if those injuries are aggravated by some preexisting physical susceptibility of the victim. even though this susceptibility could not have been foreseen. |
|
|
Term
|
Definition
| the plaintiff's failure to exercise reasonable care for her own safety there it is a complete defense for the defendant |
|
|
Term
|
Definition
| courts seek to determine the relative negligence of the parties and award damages in proportion to the degrees of negligence. |
|
|
Term
| Pure comparative negligence |
|
Definition
| courts apply the preceding formula regardless of the plaintiff's and the defendant's percentage share of the negligence |
|
|
