Chapter 6 - Torts

Torts

designed to compensate those who have suffered a loss/injury from another's wrongful act

compensatory damages

designed to compensate or reimburse the plaintiff for actual losses (often broken down into special and general damages)

special damages

compensate plaintiff for quantifiable losses

general damages

compensate individuals for non-monetary aspects, including pain/suffering

punitive damages

to punish the wrongdoer and deter other from repeating the action

gross negligence

intentional failure to perform a duty in reckless regard of the consequences of a failure for the life/property of another

class action fairness act (CAFA)

prevents plaintiff's attorneys from looking for a state court known to be sympathetic to a client's cause

intentional torts

the intention to commit an act and the consequences that interfere with a person's personal/business interests not permitted by law

tortfeasor

the person committing the tort

transferred intent

when a defendant intends to harm an individual but unintentionally harms a second person

assault

intentional act and unexcused threat of immediate harmful or offensive words or acts that create a believable threat

battery

an assault in which the act is completed and any contact

false imprisonment

intentional confinement or restraint of another person's activities without justification

intentional infliction of emotional distress

intentional act that amounts to extreme and outrageous conduct resulting in emotion disturbance

actionable

capable of serving as the ground for a lawsuit

defamation

wrongfully hurting a person's good reputation

libel

writing or other permanent forms of defamation

slander

oral defamation

privilege

an immunity where a person will not be liable for defamatory statements

public figures

people whom are fair game and false and defamatory statements about them are ok as long as there is no actual malice

actual malice

statement made with knowledge of falsity or reckless disregard for the truth

intrusion into affairs/seclusion

invading someone's business or property without authorization

false light

writing about a person that attributes ideas and opinions not held by that person

public disclosure of private facts

revealing of private facts that a reasonable person would find embarrassing or objectionable

appropriation of identity

using someone's likeness without permission

fraud

intentional deceit for personal gain, only when person represents a fact something they know is untrue

puffery

seller's talk

malicious prosecution

initiation of a lawsuit without legitimate legal reason and with malice

abuse of process

any person using a legal process against another improperly to accomplish purpose for which the process was not intended

predatory behavior

actions undertaken with the intention of unlawfully driving competitors out of the market

real property

land and things permanently attached to land

personal property

all other items not related to land

trespass to land

occurs when a person without permission 1) enters the land 2) causes anything to enter land 3) remains on land owned by another

licensee

one who is invited onto property of another's for their own benefit

trespass to personal property

when an individual wrongfully takes or harms the personal property of another

conversion

any act that deprives an owner of personal property or use of that property without just cause

disparagement of property

economically injuring falsities about another product or property about another's reputation

slander of quality

publication of false info about another's product and claiming its not what they say

trade libel

proving that the slander of quality stopped a third party from buying the product

slander of title

publication falsely denies or casts doubt on another's legal ownership of property

negligence

someone suffers injury because of another's failure to live up to a required duty of care

duty of care

people are free to act as they please so long as their actions do not infringe on the interests of others

reasonable person standard

how would a reasonable person have acted in determining whether there was a duty of care

malpractice

professional negligence

causation in fact

determines whether there was a cause-effect relationship between act and the injury

proximate cause

determines whether there was a connection between the act and injury was strong enough to justify an imposing liability

negligence per se

individual violates a statute that imposes a criminal penalty and violation causes another to be injured

good samaritan statute

one who is trying to aid another cannot be sued for their attempt to aid

dram shop acts

bar owners or bartenders can be held liable for a person's injuries caused by a person who became intoxicated under their care

assumption of risk

plaintiff who voluntarily entered into a risky situation and knowing that risk will not be allowed to recover

superseding cause

relieves the defendant of liability for injuries caused by the intervening event

contributory negligence

all individuals are expected to exercise reasonable degree of care in looking out for themselves

comparative negligence

both the plaintiff and defendant portion of negligence is computed in determining liability