Term
Define "tort" and explain the four types of wrongfulness with which this concept is associated. |
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Definition
Tort: a private civil wrong against a person or his property, which does not involve a breach of contract. Standard of proof is preponderance of evidence (most of the evidence supports; less stringent than "beyond reasonable doubt" standard)
The four types of wrongfulness associated with torts are:
1. Intent: the desire to cause certain consequences or the certainty that one's actions will result in those consequences
2. Recklessness: willful and wanto conduct, a conscious indifference to a known and substantial risk of harm caused by one's actions.
3. Negligence: failure to use reasonable care, causing harm to another party.
4. Strict Liability: liability irrespective of fault |
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Term
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Definition
Battery is the intentional and harmful or offensive touching of another without his consent.
-> Harmful: produces bodily injury
-> Offensive: offends a reasonable sense of personal dignity |
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Term
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Definition
Assault occurs when there is an intentional attempt or offer to cause a harmful or offensive contact with another pserson, if that attempt or offer causes a resasonable apprehension of imminent battery in the other person's mind.
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Term
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Definition
Emotional Distress constitutes extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress.
-> Extreme and outrageous behavior exceeds all bounds of usually tolerated behavior in a civilized community
-> So severe that no reasonable person can be expected to endure it
-> Conduct must be directed at the plaintiff and cause severe emotional distress to find the defendant liable. |
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Term
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Definition
False imprisonment is the intentional and complete confinement of an individual for an appreciable time without the individual's consent.
-> Complete indicates that there is no existing means or knowledge of an escape without risk of harm; use of physical force or threats toward plaintiff or his family; assertion of authority; plaintiff's personal property detained; plaintiff aware of confinement.
-> Appreciable time is time sufficient to be readily perceived and estimated.
-> Consent given must be offered freely and intelligently.
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Term
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Definition
Defamation is the unprivileged publication of false and defamatory statments concerning another.
-> Libel: written or printed defamation
-> Slander: all other (typically oral) defamatory statments
-> False and defamatory indicates that it be likely to harm the reputation of another by injuring his community's estimation of him or by deterring others from him.
-> Must be concerning the plaintiff, in that the statements must be directly about him, or undoubtedly reference him in a satirical or "fictional" sense, such that it is obvious that he is the subject, and may only apply to a small group of people.
-> Publication generally refers to widespread communication of statement. It must always refer to spread of statments between defendant and someone other than the plaintiff herself. |
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Term
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Definition
Invasion of Privacy refers to four distinct torts which pertain to a different sense of "privacy".
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
Intrusion on Solitude or Seclusion |
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Definition
Intrusion on Solitude or Seclusion - any intentional intrusion on the solitude or seclusion of another constitutes an invasion of privacy if that intrusion would be highly offensive to a reasonable individual, and when there is a reasonable expectation of privacy.
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Term
Public Disclosure of Private Facts |
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Definition
Public Disclosure of Private Facts - publicizing facts concerning someone's private life can be an invasion of privacy if the publicity would be highly offensive to a reasonable person.
-> Publicity refers to the widespread communication of private details. |
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Term
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Definition
False Light Publicity - publicity that places a person in a false light in the public eye can be an invasion of privacy if that false light would be highly offensive to a reasonable person.
-> False light indicates that it attributes characteristics or beliefs to a person who does not possess them. |
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