Term
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Definition
The wrongful interference with another's business rights. All are intentional torts.
a) Wrongful interference with a contractual relationship
b) Wrongful interference with a business relationship
c) Appropriation
d) Disparagement of Property
e) Racketeering Influenced and Corrupt Organizations Act |
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Term
| Wrongful Interference With a Contractual Relationship |
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Definition
| One party wrongfully induces another to break a contract |
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Term
| Wrongful Interference with a Business Relationship |
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Definition
| The use of violent or non-violent means to drive away competitor's customers and/or steer them to the defendant's business |
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Term
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Definition
1) Use of another's name, likeness, or other identifying characteristics. In Georgia, it is also the intentional tort of invasion of privacy.
2) Without that person's/Plaintiff's permission.
3) For the benefit of the user Defendant |
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Term
| Disparagement of Property |
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Definition
| Defamation of property/goods/services sold: The quality or title thereof): False statements about a product, service, ingredient, etc... |
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Term
| Disparagement of Property-Slander of Quality |
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Definition
| Falsely stating a product is not what it claims to be |
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Term
| Disparagement of Property-Slander of Title |
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Definition
| Falsely casting doubt upon another's ownership of the property the sell/possess |
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Term
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Definition
| Prohibits false, misleading, or disparaging advertising. It is regulated by the Federal Trade Commission and various state agencies |
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Term
| Racketeering Influenced and Corrupt Organizations Act |
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Definition
| If one commits two or more offenses under RICO=guilty of racketeering activity |
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Term
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Definition
| Combat entrance of organized crime into legitimate business |
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Term
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Definition
| A pattern of activities over a substantial period of time |
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Term
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Definition
| It has criminal and civil penalties. It does not create new crimes, rather it punishes a combination of old crimes differently. It also allows a harmed individual to sue a Defendant civilly for money damages. |
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Term
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Definition
1) Using income from racketeering to buy into a business.
2) Acquire or maintain an interest in a business through racketeering activities
3) Conducting or participating in a business using racketeering activities
4) Conspire to do any of the above |
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Term
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Definition
1) Divesture of Defendant's interest in the business.
2) Dissolution of the business
3) Triple damages to one who suffers business injury/damages |
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Term
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Definition
| Unlike intentional torts no intent to do harm, to do the act, nor to cause the consequences is required to find the Defendant liable. |
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Term
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Definition
| Legal Doctrine that is very important to business. If an employee is negligent during the course or scope of that person's employment, both the employee and the employer can be sued by the injured Plaintiff. |
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Term
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Definition
The plaintiff must prove each essential element by a preponderance of evidence in order to win.
1) Duty
a) Reasonable person standard
b)Professionals/experts
c)Duty of Landowners
d)Common-carriers/innkeepers
e)Rescue
f)Children
g)Disabled reasons |
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Term
| Reasonable Person Standard |
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Definition
| The duty we all owe to each other at all times |
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Term
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Definition
| Reasonable professional with that skill and training under like circumstances. |
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Term
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Definition
to those on their land: It depends on the status of the visitor
1)License: On the property for the visitor's benefit.
2)Invitee: On the property for mutual benefit of the landowner and the visitor.
3)Trespasser: No permission to be on land.
4)Child Trespassers: Attractive Nuisance Doctrine: Ordinary care to prevent injury or harm, and to inspect for, warn of, and make safe from artificial conditions that would likely attract a child.
5)Landlord-Tenant: Same duty as owed to an invitee AND to repair defects |
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Term
| Common-Carriers/Innkeepers |
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Definition
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Term
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Definition
| No duty to rescue another unless: a special relationship exists or the Defendant's acts put the Plaintiff in peril. |
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Term
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Definition
| Duty of that of a reasonable child of like age and intelligence, unless the child is doing an adult activity. |
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Term
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Definition
1) Physical: Reasonable person with that disability.
2) Mental: Same duty as a non-mentally disabled adult.
3) Insane: Can not be liable in tort. |
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Term
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Definition
| Did the defendant breach/break this duty owed to the Plaintiff in this situation? This is a jury question based upon the facts of each case. |
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Term
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Definition
| Did the Defendant's breach of this duty owed cause the Plaintiff harm? |
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Term
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Definition
The Plaintiff must prove to win.
a) Factual Cause: "But for" Causation, "Substantial Factor" Causation
b) Proximate Cause: Foreseeability. |
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Term
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Definition
| Did the defendant's breach of duty result in harm to the Plaintiff? No liability in negligence if there is no harm/injury to the Plaintiff. |
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Term
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Definition
1)Special (Compensatory)
2)General: pain and suffering, loss of pleasure/enjoyment
3)Punitive: used to punish/deter malicious/reckless Defendant's.
a)Limited to 250,000
b)No limit for product liability
c)No limit if the defendant specifically acted to cause harm or was under the influence of drugs or alcohol
d)None allowed for HMO negligence
e)None allowed against publisher of libel if retracted within 7 days.
f)None allowed against publisher of broadcast defamation if no malice or retracted within 3 days. |
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Term
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Definition
| A plaintiff must act reasonably to mitigate/minimize their damages |
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Term
| Special Negligence Doctrines: |
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Definition
a) Thin Skull Plaintiff
b) Resp Ipsa Loquitor
c) Negligence Per Se
d) Danger Invited Rescue
e) Good Samaritan Laws
f) Dram Shop Acts/Social Host Liability
g) Family Purpose Doctrine
h) Torts of Spouses/Children
i) Wrongful Death
j) Worker's Compensation |
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Term
| SND-"Thin Skull" Plaintiff |
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Definition
| A defendant is liable for all of a Plaintiff's injuries no matter how infirm the Plaintiff may have been at the time of act. |
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Term
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Definition
| A rule of evidence that is used when it would be very difficult for the Plaintiff to try and prove breach due to the Defendant having control over the instrumentality. |
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Term
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Definition
If a Defendant violates a statute, it is an automatic breach of duty if:
1) The statute was intended to prevent this type of injury
2) To this type of Plaintiff. |
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Term
| SND-Danger Invited Rescue |
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Definition
| A Defendant is liable to the original Plaintiff and any rescuers who may be injured in trying to aid the original Plaintiff. |
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Term
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Definition
| Relieves anyone of negligence liability when helping someone in an emergency situation. |
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Term
| SND-Dram Shop acts/Social Host liability |
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Definition
| Dramshops and social hosts are liable to third parties injured by intoxicated customers or guests. |
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Term
| SND-Family Purpose Doctrine |
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Definition
The owner of a vehicle will be liable for negligent acts of a driver if:
1) the driver lived in the owner's family/household
2) the driver was using the vehicle with the owner's permission
3) the vehicle was being used for a "family purpose" |
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Term
| SND-Torts of Spouses/Children |
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Definition
1) Not liable for torts of spouses
2) Parents liable for up to 10,000 for malicious acts of minor children
3) Intra-Family: Parents and children can not sue each other for torts on each other. |
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Term
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Definition
| Brought by survivors for wrongful death of a spouse, child, or parent. |
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Term
| SND-Worker's Compensation |
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Definition
| A worker/employee who is injured while in the course and scope of their employment |
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Term
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Definition
1) Assumption of the Risk
2) Superseding Intervening Cause
3) Contributory and Comparative Negligence
4) Sovereign Immunity
5) Statutes of Limitations |
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Term
| Defenses to Negligence-Assumption of the Risk |
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Definition
| If the Plaintiff knew of the risk/danger and extent, and voluntarily assumed the risk by acting anyway |
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Term
| Defenses to Negligence-Contributory and Comparative Negligence |
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Definition
a) Contributory: if the jury finds the Plaintiff was at all at fault: no recovery
b) Comparative: The jury reduces the award by the percentage they believe the Plaintiff was also at fault in the incident
c) Modified Comparative: the jury reduces the award by the percentage they believe the plaintiff was at fault |
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Term
| Defenses to Negligence-Sovereign Immunity |
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Definition
| Government agencies and employees can not generally be sued for negligence |
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Term
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Definition
| The last type of tort. RULE" A defendant is liable for any injuries from an act, even if they were not negligent and acted reasonable, if they were engaging in an ABNORMALLY DANGEROUS ACTIVITY. |
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Term
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Definition
| intentional infliction of harmful or offensive contact with another |
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Term
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Definition
| intentional conduct resulting in reasonable apprehension of immediate harmful or offensive contact |
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Term
| transferred intent (battery and assult) |
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Definition
| if a defendant intents to batter/assult A, but misses and actually batters/assults B, the defendant's intent will be transfered to B. |
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Term
| defences to transferred intent |
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Definition
| consent, involuntary act, defense of self or others |
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Term
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Definition
| unlawful detention of another, for any legnth of time, whereby such person is deprived of personal liberty. |
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Term
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Definition
| arrest, without probable cause, when made maliciously |
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Term
| georgia statutory protections for business owners |
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Definition
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Term
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Definition
| statement of false fact that harms another's reputation, character or business |
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Term
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Definition
| falso and malicious defamation of another expressed in print, writing, signs, pictures, tending to injure plaintiffs reputation and exposing him/her to publc hatred, cntempt, ridicule. |
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Term
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Definition
Oral / spoken defamation:
A) Imputing crime punishable by law to another
B) Charging another with contagious desease or debasing act.
C)Charges against against another's business, trade, profession, calculated to injure plaintiff therein.
D) Any desparaging words producing special damages |
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Term
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Definition
| defence to liable and slander |
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Term
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Definition
| broadcast station/pulisher only liable if they did not use "due care" in checking accuracy of story. if the plaintiff is a "public figure" they must prove "actual malice" by clear and convincing evidence in orger to prove liability. |
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Term
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Definition
| defamation by a televison broadcast |
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Term
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Definition
| all allegations, averments, charges, and statements in court or legislative proceedings |
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Term
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Definition
create a rebuttable presumption the matter is privileged
A)Public Duty
B)legal or moral private duty
C) to protect speakers own interest |
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Term
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Definition
| one libeled request or consents to publication of the materials to a theird party |
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Term
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Definition
| treated like slander, one must prove special damages unless it is one the enumerated catorgies. |
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Term
| fraudulent misrepresentation |
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Definition
| willful misrepresentation of a material fact gives a cause of action in tort if made to induce another to act |
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Term
| misuse of legal proceedings |
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Definition
| malicious prosecution and abusive litigation |
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Term
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Definition
| criminal prosecution carried on maliciously without probable cause, and it causes damage to the plaintiff |
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Term
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Definition
any person is liable who makes an actie part in the initiation, continuation, or procurement of ciil lawsuit against another if it is
A) with malice
B) without substantial justification |
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Term
| Intentonal infliction of emotional distress |
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Definition
| intentional/reckless conduct causes te plaintiff severe emotional distress because of the outragiousness of the defendant's conduct. |
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Term
| intentional torts against property |
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Definition
| trespass to land and trespass to personal property |
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Term
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Definition
| entry by a person or thing on/over/under land in possession of another without concent. |
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Term
| Ga: Trespass to land can be: |
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Definition
| Pollution, water diversion/obstrution, interference with right of way, building on another's property. |
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Term
| Ga: Trespass to land: Defences |
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Definition
A)emergency situation
B)consent
C)Plaintiff had no right to "possess" land/building |
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