Term
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Definition
| It refers to +injury+ to a person or their property |
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Term
| What is the purpose of tort law? |
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Definition
| This body of law deals with injury and compensation |
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Term
| What are the elements of the tort of battery? |
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Definition
| "This tort is when assault takes place, and unwanted or offensive physical contact is made." |
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Term
| What are the elements of intentional infliction of emotional harm? |
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Definition
| The elements of this tort are (1) The act is intentional (2) The act is extreme and outrageous (3) It results in severe emotional distress |
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Term
| What is the but for test? |
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Definition
| "But for the actions of the defendant, the plaintiff would not have been harmed." |
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Term
| What is meant by contributory negligence? |
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Definition
| "Even if the defendant was extremely negligent, if the plaintiff was being even a little bit negligent they cannot recover." |
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Term
| Name the 3 bases for product liability suits |
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Definition
| "(1) Warranty (written and implied), (2) Tort law (negligence by manufacturer), (3) Strict Liability (does not apply to private sale) can all be used as the basis for this type of lawsuit." |
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Term
| What is privity of contract? |
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Definition
| Refers to a relationship that exists between the parties to a contract that allows them to sue each other but prevents a 3rd party from doing so. |
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Term
| How is unreasonably dangerous defined? |
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Definition
| "(1) The product in question is dangerous beyong the expectation of the ordinary consumer or (2) a less dangerous alternative was economically feasible for the manufacturer, but was not produced" |
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Term
| What are Class Action lawsuits? |
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Definition
| These are lawsuits brought by similarly situated people who have been harmed in the same way by the defendant or the defendant's product. |
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Term
| What are the two categories of torts? |
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Definition
| Intentional and Negligent |
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Term
| What is meant by the elements of a tort or crime? |
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Definition
| These are the parts of the definition of a tort or crime |
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Term
| What are the elements of the tort of assault? |
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Definition
| This tort is an intentional action which creates a reasonable apprehension of fear of harmful or offensive physical contact. |
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Term
| What interest is protected by the tort of assault? |
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Definition
| This tort protects the interest not to be afraid of unwanted or harmful contact with others |
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Term
| What interest is protected by the tort of battery? |
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Definition
| This tort protects our right to personal security and safety. |
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Term
| What are the defenses to assault and battery? |
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Definition
| "The defenses to this tort are (1) Consent, (2) Self Defense, (3) Defense of others, (4) Protection of Property" |
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Term
| How much force may one use in self-defense and not be liable for battery? |
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Definition
| "Under this defense, one may use force proportional to the level of threat they were under and not be liable or battery." |
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Term
| What are the elements of false imprisonment? |
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Definition
| Intentionally restricting the movement or activities of another without justification. The person must be aware of the confinement. |
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Term
| What are the elements of defamation? |
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Definition
| Intentional publication of a false factual statement about a 3rd party which negatively affects the reputation of the subject. |
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Term
| What does publication mean with respect to defamation law? |
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Definition
| "This term means that a 3rd party hears the defamatory statement, and anyone who repeats it is also a defamer." |
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Term
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Definition
| This means that the person making a defamatory statement knows it is false or is recklessly disregarding the truth. |
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Term
| Who must prove actual malice to win a defamation suit? |
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Definition
| Public officials or public figures must prove this in order to win a defamation suit. |
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Term
| What are the defenses to a defamation action? |
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Definition
| "The statement is: (1) true, (2) made while testifying in court, (3) made in the context of governmental proceedings" |
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Term
| What are two qualified defenses to defamation? |
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Definition
| (1) An employer who gives a bad reference to someone who needs to know (2) A statement made about a public figure without actual malice |
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Term
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Definition
| "This tort is unauthorized use of a person's trademark, image, or name for commercial purposes" |
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Term
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Definition
| This tort is invasion of an expectation of privacy. |
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Term
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Definition
| "This tort is the intentional portrayal of a person incorrectly. It does not have to be negative, just incorrect." |
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Term
| What is Public Disclosure of Private Facts? |
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Definition
| "The fact revealed (1) had been kept private, and (2) is highly offensive." |
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Term
| Why do some states not allow Public Disclosure of Private Facts as a tort? |
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Definition
| Some states feel it is punishing true speech. |
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Term
| What are the elements of fraud? |
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Definition
| "The elements of this tort include a known, false representation of a material fact, relied upon by the plaintiff, which results in harm to the plaintiff" |
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Term
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Definition
| This term refers to sales talk that is not factual. It is not considered fraud. |
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Term
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Definition
| This type of property is immovable land and the house or buildings on or attached to it. |
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Term
| What is personal property? |
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Definition
| "This type of property consists of movable goods (clothes, car, iPod, dishes, etc.)" |
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Term
| What are the elements of trespass to real property? |
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Definition
| "Going onto or under another person's property without permission, or putting something onto their property. Remaining once asked to leave." |
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Term
| What defenses are there to trespass to real property? |
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Definition
| "(1) Emergency, and (2) Rescue" |
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Term
| What are the elements of trespass to personal property? |
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Definition
| Someone takes property and harms it or keeps it for a substantial time. |
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Term
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Definition
| Destruction or theft of another's property |
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Term
| What is disparagement of property? |
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Definition
| "Defamation of a product or property, not a person." |
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Term
| What is slander of quality? |
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Definition
| "The publication of false information about another's product, alleging it is not what the seller claims." |
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Term
| What is slander of title? |
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Definition
| "Publication which denies or casts doubt upon another's legal ownership of any property, resulting in financial loss to the owner." |
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Term
| How is negligent behavior different from intentional behavior? |
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Definition
| "This behavior is not reasonably careful, so even though it lacks intent, harm still results from the action" |
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Term
| What is the duty of care the law imposes on us? |
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Definition
| We must behave in a way that does not cause harm to other people. |
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Term
| How does a court determine if a duty of care has been breached? |
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Definition
| The court asks how a resonably prudent and careful person would have behaved in the same situation. |
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Term
| Do you have a duty to help someone in danger? |
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Definition
| "Generally no, unless you are their parent, caretaker, etc." |
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Term
| What are landowners' obligations to trespassers? |
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Definition
| "They are generally not liable for injury, but may be liable if they have something attractive to children like a pool, on their property that is not secured." |
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Term
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Definition
| This term refers to someone who is invited onto the property or who comes with a specific purpose (ex. - mailman) |
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Term
| What is a landowner's duty toward licensees? |
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Definition
| To warn them of dangers which (1) they know about and (2) licensees won't notice or be aware of on their own. |
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Term
| What are business invitees? |
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Definition
| This term refers to store customers or people coming onto the property for a professional purpose (ex. - repairmen) |
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Term
| What is a landowner's duty toward business invitees? |
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Definition
| They must warn them of dangers (1) they know or should have known about and (2) they wouldn't notice or be aware of on their own. |
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Term
| What is meant by assumption of risk? |
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Definition
| A plaintiff may not recover for injuries or damages suffered from risks he or she +knows of+ and has +voluntarily+ assumed. |
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Term
| What is meant by a superceeding cause? |
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Definition
| Something so unexpected occurs that it wipes out the negligent act. |
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Term
| What is meant by comparative negligence? |
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Definition
| "If the defendant was 80% negligent but the plaintiff was 20% negligent, the plaintiff can only recover 80% of the damages." |
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Term
| What is the doctrine of res ipsa loquitor? |
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Definition
| "A doctrine under which negligence may be inferred simply because an event occurred, if it would never occur in the absence of negligence." |
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Term
| What is the literal meaning of res ipsa loquitor? |
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Definition
| "Literally, ""the facts speak for themselves""" |
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Term
| What is negligence per se? |
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Definition
| A shortcut to proving duty of care. It applies when a statute is in place designed to prevent the harm in question (ex. - speed limits) |
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Term
| What is meant by danger invites rescue? |
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Definition
| "If someone is injured trying to rescue another from harm caused by your negligence, you become liable to the rescuer." |
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Term
| Who do Good Samaritan Laws protect? |
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Definition
| They protect medical personnel from malpractice when helping people in an emergency situation. |
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Term
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Definition
| These acts make businesses or individuals who serve alcohol liable for the actions of patrons or friends who cause harm from being intoxicated. |
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Term
| What does strict liability mean? |
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Definition
| "Under this doctrine, the defendant is liable for any harm that occurs from an activity no matter how careful they were to prevent it. Imposed by law as a matter of public policy." |
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Term
| Under which 3 categories is one strictly liable? |
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Definition
| (1) Unreasonably dangerous activities (2) Keeping wild animals (3) Sellers of defective or harmful products are all categories of this type of liability |
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Term
| What is meant by product liability? |
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Definition
| "Manufacturers, sellers, and lessors of goods can be held liabile to consumers, users, and bystanders for physical harm or property damage caused by the goods." |
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Term
| What does Restatement Section 402A provide? |
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Definition
| "If a retailer sells an unreasonably dangerous or defective product and it is unaltered before passing into the hands of the consumer, they are liable if someone is hurt by it" |
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