Term
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Definition
| A tort is an interference with someone's person or property; torts are actions that are civil wrongs |
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Term
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Definition
| A crime is a wrong that arises from a violation of a public duty, whereas a tort is a wrong that arises from a violation of private duty |
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| What are the three types of torts? |
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Definition
1. Intentional torts
2. Negligence
3. Strict liability |
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Term
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Definition
| Torts that occur when wrongdoers engage in intentional conduct (ex: striking another person in a fight is an intentional act) |
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Definition
| Tort that is a result of careless actions, or actions taken without thinking through their consequences (even though harm may not have been intended, it happened--ex: car accident) |
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Definition
| A tort that imposes liability without regard to whether there was any intent to harm or any negligence occurred; it is imposed without regard to fault (ex: contractors responsible for dynamite use) |
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Term
| Intentional tort: assault |
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Definition
| Is intentional conduct that threatens a person with a well-founded fear of imminent harm coupled with the present ability to carry out the threat of harm |
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Term
| Intentional tort: battery |
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Definition
| The intentional, wrongful touching of another person without that person's consent |
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| Intentional tort: false imprisonment |
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Definition
| The intentional detention of a person without that person's consent; often called the shopkeeper's tort because of unreasonable detention of customers |
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Term
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Definition
| Privilege that permits the store owner to detain a suspected shoplifter based on reasonable suspicion for a reasonable time without resulting liability for false imprisonment to the accused customer (even if the store owner ends up being wrong) |
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Term
| Intentional infliction of emotional distress |
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Definition
| A tort involving conduct that goes beyond all bounds of decency and produces mental anguish in the harmed individual (ex: collection agency repeatedly calling debtor after surgery) |
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Term
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Definition
Consists of three different torts:
1. Intrusion into the plaintiff's private affairs
2. Public disclosure of private facts
3. Appropriation of another's name, likeness, or image for commercial advantage (generally referred to as right of publicity) |
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Term
| Invasion of privacy: right of publicity |
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Definition
Elements of this tort:
1. Appropriation of the plaintiff's name or likeness for the value associated with it, and not in an incidental manner or for a newsworthy purpose
2. Identification of the plaintiff in the publication
3. An advantage or benefit to the defendent |
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Term
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Definition
| An untrue statement by one party about another to a third party |
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Term
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Definition
| Oral or spoken defamation |
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Term
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Definition
| Written (in some cases broadcast) defamation |
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Term
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Definition
1. A statement about a person's reputation, honesty, or integrity that is untrue
2. Publication (which is accomplished when a third party hears or reads the defamatory statement)
3. A statement that is directed at a particular person
4. Damages that result from the statement |
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Term
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Definition
| Provides full defense to the tort of defamation (provided to members of Congress and court witnesses) |
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Term
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Definition
| Defense against defamation charges for media when stories turn out to be false; media are free from charges so long as the information was released without malice and a retraction or correction is made when the matter is brought to their attention |
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Term
| Product disparagement (a.k.a. slander of title or trade libel) |
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Definition
| When someone makes false statements about another business, its products, or its abilities |
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Term
| Elements of product disparagement |
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Definition
1. A false statement about a particular business product or about its service in terms of honesty, reputation, ability, or integrity
2. Communication of the statement to a third party
3. Damages |
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Term
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Definition
| Occurs when parties are not allowed the freedom to contract without interference from third parties |
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Term
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Definition
| An unauthorized action with respect to land or personal property |
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Term
| First element of negligence: duty |
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Definition
| There is a general duty of care imposed to act as a reasonably prudent person would in similar circumstances |
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Term
| Second element of negligence: breach of duty |
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Definition
| Breach of duty occurs when the defendant's actions don't hold up to what a reasonable person would have done under the given circumstances (the jury decides this) |
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Term
| Third element of negligence: causation |
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Definition
| Causation connects the duty and the breach of duty to the injuries of the plaintiff |
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Term
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Definition
| In determining negligence, the plaintiff must establish proximate cause that establishes that the harm suffered by the injured person was a foreseeable consequence of the defendant's negligent actions |
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Term
| Damages entitle the plaintiff to compensation for: |
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Definition
1. Past and future pain and suffering (mental anguish)
2. Past and future physical impairment
3. Past and future medical care
4. Past and future loss of earning capacity |
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Term
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Definition
| Defense for negligence that the plaintiff was also negligent; defendant has to establish all elements of negligence; bars the plaintiff from recovering losses |
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Term
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Definition
| More fair form of contributory negligence that permits a negligent plaintiff to recover some damages but only in proportion to the defendant's degree of fault |
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Term
| Express assumption of the risk |
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Definition
| A written exculpatory agreement under which a plaintiff acknowledges the risks involved in certain activities and releases the defendant from prospective liability |
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Term
| Implied primary assumption of the risk |
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Definition
| When a plaintiff has impliedly consented, often in advance of any negligence by the defendant, to relieve a defendant of a duty to the plaintiff regarding specific known and appreciated risks |
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