List three types of torts, describe each one and be able to give an example of each one.

1. Intentional: any civially wrong act that is done intentionally and results in harm. Ex: hitting someone intentionally

2. Negligence: a failure to follow a standar of care that results in injury. Ex: accidently hitting someone in the face and breaking their nose

3. Strict Liability: makes a person responsible for the damage and loss caused by his/her acts and omissions regardless of fault. Ex:a business sells a bad product who harms someone; they are liable

Know defamation: be able to describe what it is, how it happens and the privileges or defenses to it.

An untrue statement that harms the reputation of another individual (must be spoken or written).

Defenses: speak the truth even if its damaging, journalists, privlaged speech, media privelage, Judicial Privlage.

Know the difference between how a public figure can be treated by the media and a private person can be treated by the media.

Private figures that are defamed require proof of damages

Public figures that are defamed must prove damages & prove malice (from media).

intentional tort:

intentional interference with contract

some 3rd party intentionally encouraged another to breach a contract that is already in existance

Ex: anna nicole smith sued Marshall's son claiming that he had broken the contract between her and her husband.

Intentional tort:

False imprisonment

the detention of a person for any period of time against their will.

Ex: Shoplifting

Intentional Tort:

Invasion of Privacy

1.disclosing private information; disclosing that a ceo was a meth user

2. intruding upon anothers affairs; Jackie O case

3.misappropriating someones image of likeness; using someones name in a commercial without permission

4.

List the four factors you have to prove in a negligence case.

1. The duty of care: each person has the right to act like a normal person.

2. breach duty: fell short of the standard of care

3. causation: must prove the breach of duty was the cause of damages

4. damages: must show documentaiton of damages

How do you prove a duty of care when it involves a professional?

Professionals have laws they follow,

if professionals violate their duty of care they are face with malpractice lawsuits (negligence by professionals).

Discuss the causation issue in the coffee spill case and how it affected the outcome.

McDoanls hot coffee burned a woman's leg because 1. the coffee was to hot 2. the woman was not acting reasonably.

McDonalds was 80% negligent

Woman was 20% negligent

Give an example of when it would be appropriate to award punitive damages.

Is Assumption of the Risk always a defense to negligence? Why or why not?

(NO)it is a defense that requires the defendant to prove that the plaintiff knew there was a risk of injury in the conduct but decided to do it anyways.

-if equipment failed (its company fault)

-establishment held responsible under certain circumstances

List the three ways to hold a company responsible for the damages caused by their products.

1. strict liability

2.breach of warranty

3.negligence

Is an advertisement an express warranty? Explain.

consumer misused the product (altered its use)

the consumer contributed negligence (put self at harm)

What is the general rule under strict liability?

If you sell or manufacture a product that the consumer buys and uses in the way it is supposed to be used, without altering it, and that consumer is harmed you are strictly liable.

What is the role of the Consumer Product Safety Commission?

1.offer: i will sell you a liquor for $10

2.acceptance: I will give you $10 for the liquor

3.consideration: is it worth is to make this trade..

4.capacity: I am over 18 (21), this is under legal capacity & im not drunk buying this.

5. legal purpose: i am 21, this is legal

common law

universal code of commerce law

E-commerce Statue

1. Pre-nups
2. Contracts that take over 1 year
3. Contracts over land
4. Contracts for promise to pay a debt

5. contracts for the sale of goods over $5000

1. Using your purchase of the new KFC Double Down breadless sandwich describe full performance, substantial performance, partial performance and breach.

Full performance: I pay in full for my sandwich & get a full sandwich in return

Substantial performace: I pay for the majority of my sandwich, and get the full thing. Or I pay full and they give me a sandwich thats missing cheese

Partial performance: i pay for part of the sandwich/ they give me all. or i pay for all and they give me the sandwich missing a piece of chicken, cheese, bacon.

Breach: I do not pay for the sandwich at all/they give it to me. or i pay fully and they give me nothing.