Shared Flashcard Set

Details

Tort Law/Negligence/Defamation
Court Case Briefs
25
Law
Undergraduate 3
12/04/2008

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Cards

Term
Manning v Grimsley
Definition
he whole rule and especially that aspect of the rule which permits recovery by a person who was not a target of the wrongdoer embody a strong social policy including obedience to the criminal law by imposing an absolute civil liability to anyone who is physically injured as a result of an intentional harmful contact or a threat thereof directed either at him or a third person.
Term
England v S&M Foods
Definition
must have been substantially certain the hamburger would hit P or splatter on her when he threw it toward her. His contact with her was, therefore, intentional and unpermitted and constituted a battery.
Term
Wishnatsky v Huey
Definition
P is unduly sensitive to his personal dignity, the bodily contact was momentary, indirect, and incidental. D's conduct while rude and abrupt would not be offensive to a reasonable sense of personal dignity.
Term
J.H. Harvey Co v Speight
Definition
P had invited the store clerk to touch him
Term
Peterson v Sorlein
Definition
P only regained her volitional capacity to consent after engaging in the first three days of the deprogramming process. We hold that when parents, or their agents, acting under the conviction that the judgmental capacity of their adult child is impaired, seek to extricate that child from what they reasonably believe to be a religious or pseudo-religious cult, and the child at some junction assents to the actions in question, limitations upon the child’s mobility do not constitute meaningful deprivations of personal liberty sufficient to support a judgment for false imprisonment
Term
K-Mart v Perdue
Definition
Two women accused of stealing at wal-mart, falsely imprisoned.
Term
Banks v Fritsch
Definition
Teacher chains up student to tree.
Term
White v Montesano Co
Definition
Any reasonable person would not be offended by a minute long shouting and cursing at them
Term
Chuy v Philidelphia Eagles
Definition
P filed for emotional distress when D made claim to the newspapers that P had a terminal illness
Term
Katko v Briney
Definition
P was shot by a springgun while trespassing on D's unoccupied farmhouse. P sued for battery
Term
Lourcey v Estate of Scarlett
Definition
D shot his wife and then himself right in front of P, in broad daylight, after D told P his wife was having a seizure and to call 911
Term
Hopkins V Fox & Lazo Realtors
Definition
one has a duty to Business Invitees to warn of all unknown risks and to search for unknown risks
Term
Culli v Marathon Petrolium Co
Definition
P sued for negligence when she slipped in a slippery clear puddle at D's store. D should keep up with spills because there are many liquid spills and foreseen accidents
Term
Kelly v Gwinnell
Definition
social host is liable for guests actions when they serve them liquor
Term
Scully v Fitzgerald
Definition
negligence. Fire started in storage unit under deck. Most likely cigarettes.
Term
Staheckler v Ford Motor Co
Definition
P sued D for neglignece. Tire gave out, girl was stranded, abducted and killed. Neg charge dropped.
Term
Klien v Pyrodyne Corp
Definition
Firework knocked over during show. P injured sued D for strict liability. D said no, negligence. But strict liability won over.
Term
Rowe v State Bank of Lombard
Definition
Providing adequate security measures would have been relatively inexpensive. The office space in the park could have been secured simply by "rekeying" the locks, which would cost $2,500. The risk of unauthorized entry could also have been avoided by notifying on the premises of the danger. In light of the risks created, it would not have been an unreasonable burden for Paramount to assume. The circumstances here create a triable issue of fact as to whether the danger of criminal conduct by individuals possessing passkeys was sufficiently probable and predictable to create a duty upon the defendants to take reasonable precautionary measures, and whether their failure to do so was a proximate cause of the plaintiffs’ damages
Term
Walz v City of Hudson
Definition
Ludwig was hit by a drunk driver who had just been sold alcohol while he was stopped at a stop sign. P sued for negligence per se. In favor of P
Term
Barger v Playboy
Definition
P sued for defamation regarding an article about them. But article was pertaining to a large group not an individual.
Term
Burnett v National Enquirer
Definition
P sued D for defamation, claiming P had a drunken argument at a restaurant
Term
Carson v Here's Johnny Portable Toilettes
Definition
here's johnny
Term
Lake V Wal Mart
Definition
Inappropriate pictures that D would not even print leaked their way out into the public and P was exposed in an unfair obscene offensive light that questioned their sexuality
Term
Bilney v Evening Star Newspaper
Definition
P sued for invasion of privacy when D published that the men's basketball team at maryland university were on probation because of grades. Public figures
Term
Comedy III Productions v Gary Saderup, inc
Definition
three stooges
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