Term
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Definition
1)Intentional
2)Harmful/offensive contact
3)Without consent
4)Of another |
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Term
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Definition
1)Intentional
2)Attempt/offer to cause harmful/offensive contact
3)Of another
4)Attempt or offer causes a reasonable
apprehension of imminent battery |
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Term
| Elements of Intentional infliction of emotional distress |
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Definition
1)Reckless
2)Extreme and outrageous
3)Defendant's conduct must be the cause
4)Severe emotional distress |
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Term
| Elements of False Imprisonment |
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Definition
1)Intentional
2)Confinement of another person
3)Appreciable time (a few minutes is enough)
4)Without consent |
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Term
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Definition
1)Unprivileged
2)Publication
3)False and defamatory
4)Statements concerning of another |
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Term
| differences between libel and slander |
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Definition
libel: physical form i.e.:picture, sign, statue, radio, T.V..
slander: oral form |
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Term
| Order of Court jurisdiction |
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Definition
1)Traffic courts, probate courts, and small claims courts
2)Trial court (significant dollar amount of damages, detailed records of information are kept during the trial)
3)Appellate court (correct legal
errors made by the trial judge)
4)Federal court (?)
5)Supreme court (?) |
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Term
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Definition
Summons(notification of being sued)>Pleadings(Defendant states their claims and defense, complaint,
the answer, and, in some jurisdictions, the reply)>Motion to dismiss(Plaintiff does not have valid claim, defendant auto-wins)>Discovery(request information, light interrogation ie:yes/no questions)>Summary judgement(judge gives a verdict before trial starts)>Partial Conference(judge meets with both parties and advises for any settlements)>Trial |
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Term
| Alternative Dispute Resolution |
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Definition
1)Quicker resolution of disputes
2)Lower costs in time, money, and
aggravation for the parties
3)Lessening of the strain on an
overloaded court system
4)Use of decision makers with specialized expertise
5)Potential for compromise
decisions that promote and reflect consensus between
the parties |
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Term
| Components of Invasion of Privacy |
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Definition
1)Intrusion on Solitude or Seclusion
2)Public Disclosure of Private Facts
3)False Light Publicity
4)Commercial Appropriation of Name or Likeness |
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Term
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Definition
1)Defendant’s intentional
2)Exercise of dominion or control over the plaintiff ’s personal property 3)Without the plaintiff ’s consent |
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Term
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Definition
1)Duty *Foreseeable harm*
2)Breach of Duty
3)Breach caused the injury
Negligence per se: Defendant broke the statute.
*May cause some reduction based on percentage of fault.* |
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Term
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Definition
Invitee-Anyone invited
Licensee-Business purpose of being there ie: plumber
Trespasser-Anyone not invited or have official business
premises liability-Anyone hurt within the area of the building |
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Term
| defenses against negligence |
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Definition
Contributory negligence-If plaintiff is part of the problem=no recovery
Comparative negligence-If plaintiff is partly negligent=partial recovery.
Assumption of risk-Voluntarily take on the risk; consent.
Depending on the jurisdiction, plaintiff may face a reduction. |
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Term
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Definition
strict liability
1)Made product unreasonably dangerous
2)Existed when it left the manufacturer
3)Caused the damage
Defenses include misuse of the product-Did plaintiff use product as intended? |
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Term
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Definition
1)Present intent to contract
2)Definiteness of terms
3)Terms are communicated to the offeree |
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Term
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Definition
1)Present intent to accept
2)Same terms
3)Acceptance is communicated to the offeror |
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Term
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Definition
1)Legal value (money>property>favors)
2)Bargained for
3)Flows both ways |
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Term
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Definition
Rescinding contracts (fraud)
1)Untrue assertions of material fact
2)Induce other party to act
3)Known to be false
4)Relied on to detriment |
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Term
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Definition
1)Relationship of trust/confidence/dominance
-Vulnerable position
-Best interest
2)Unfair persuasion
-Rushed and isolated
-Time and place |
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Term
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Definition
1)Improper threat
-Has a statement of fact but goes beyond that
2)No reasonable alternative |
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Term
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Definition
Stopping someone from breaking their promise
1)Promisor intended to induce reliance
2)Promisee relied on the promise
3)Economic detriment |
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Term
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Definition
1)One party conferred a benefit
2)Other party knowingly accepted
3)Unjust to keep without paying for it |
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Term
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Definition
Ability to hold a contract
dis-affirm: avoid a contract
prevention of dis-affirm: Cannot dis-affirm if contract is necessary |
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Term
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Definition
Unconscionable-Both substantive and procedural; no bargaining power
1)Procedural-Cannot bargain. The meeting of the minds was not there.
2)Substantive-The terms of the contract. |
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Term
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Definition
| Both are at fault but one is more at fault |
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Term
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Definition
For defense only; Must be in writing
1)Collateral K (having someone close to you pay if you don't)
2)Sale of interest in real estate
3)Bilateral; can't perform within a year
4)Sale of goods over $500 (quantity must be stated)
5)Executor personally estate (family member is responsible for all debts and payments for deceased)
6)Contracts with marriage is consideration (2 companies marry their offspring together)
UCC can be an exception for most rules |
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Term
| Merchants Firm Offer Rule |
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Definition
1)signed writing (must contain something related to the company)
2)assurance to remain open |
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Term
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Definition
| The offeree can express acceptance upon mailing. |
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Term
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Definition
1)Both parties must be merchants
2)Both have their own forms |
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