Term
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Definition
| Occurs when the defendant takes an action intending certain consequences or knowing they are likely to result |
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Term
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Definition
| Occur when the defendant acts in a way that subjects other people to an unreasonable risk or harm, The defendant is careless to someone else's detriment |
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Definition
| Occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely no mtter what precautions the defendant takes |
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Definition
| Assault and battery, Defamation, privacy torts, False imprisonment, Intentional infliction of emiotinal distress, and misuse of legal prcedure |
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Definition
Occurs when one person places another in fear or apprehension of an immediate offensive bodily contact.
TEST- Reasonable apprehension |
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Term
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Definition
| An INTENTIONAL unwanted offensive bodily afternoon classes |
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Definition
| The intentional publication or communication to a third party of a false statement harmful to an individuals reputation. |
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Definition
False Light
Public Disclosure
For Commercial gain
Intrustion on privacy |
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Definition
| Creates an impression about a person that is not valid |
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Term
| Public Disclosure of Private Facts |
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Definition
| Occurs when someone publicizes a private fact about someone that a reasonable person would find highly offensive |
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| Appropriation for Commercial gain |
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Definition
| Someone uses another person's name or likeness to make money |
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Term
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Definition
| When someone invades a person's solitude, or personal affairs when that person has the right to expect privacy. |
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Term
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Definition
| Occurs when an individual is confined or restrained against his or her will for any amount of time |
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Term
| Intentional Infliction of Emotional Distress |
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Definition
| Occurs when someone engages in outrages intentional conduct likely to cause extreme emoitional distress to Another party, EG , Telling someone their child accused of murder |
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Term
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Definition
Enters the land of a nother owner without permission
Causes an object to be placed on the land of another, no permission
Stays on the land of another when owner says leave
Refuses to move something owner asked to move |
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Term
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Definition
| Theft, owner recovers damages from full value, puss any additional damages. |
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Term
| Intentional Interference with a Contract |
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Definition
1. Valid and enforceable contract between 2 parties exist
2. Defendant knew of the existence of the contract and tersm
3. Defendant intentionally undertook steps to cause one of the parties to breach
4. Plaintiff was injured as a result of the breach |
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Term
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Definition
| Behavior that creates an unreasonable risk of harm to others. Failure to exercise reasonable care |
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Term
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Definition
| An incident that simply could not be avoided even with reasonable care |
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Term
| 4 Necessities to win Negligence |
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Definition
Duty
Breach of duty
Causation
Damages |
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Term
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Definition
| Defendant owes a duty to the plaintiff, |
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Term
Reasonable Person Standard
4 Questions |
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Definition
| a measurement of the way members of society expect individuals to react in a given situation. to Determine duty of care, judge must determine degree and skill of a reasonable person |
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Term
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Definition
| Must prove that the defendant violated that duty |
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Term
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Definition
Actual Cause- (Cause in Facts)is the determination that the defendant's breach of duty resulted directly in plaintiff's injury.
Proximate Cause- Referred to as legal cause, the extent to which as a matter of policy a defendant may be held liable for the consequences |
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Term
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Definition
| The damages she would have occurred would not have been sustained but for the fact the negligence occurred. |
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Term
| Proximate Cause uses Foreseeability |
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Definition
| Exists only when both the plaintiff and the damages were reasonably foreseeable ant the time the defendant breached his duties |
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Term
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Definition
| Not awarded in Negligence, Can be awarded in intentional torts |
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Term
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Definition
| Damages intended to reimburse a plaintiff for his or her losses |
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Term
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Definition
| Used to punish, offender, typically awarded in circumstances of Gross negligence |
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Term
| Res Ispa Loquitor 3 Qualifications to shift burden of Proof |
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Definition
The thing speaks for itself
1. Event does not occur in the absence of negligence
2. Other responsible causes, including the conduct of third parties have been eliminated
3. Indicated negligence is within the scope of the duty to plaintiff |
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Term
| Negligence per se (The thing speaks for itself) |
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Definition
| The defendant has violated a statute to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs. |
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Term
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Definition
Plaintiff's condcut fell below standard of care needed to prevent unreasonable risk of harm,
Plaintiff's failutre was a contributing cause to the injury
If any damages are proved they lose all damages |
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Term
| Last Clear chance Doctrine |
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Definition
| Allows plaintiff to recover damages despite proof of contributory negligence as long as defendant had a chance to avoid the action that injured the Plaintiff |
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Term
| Pure Comparative Negligence |
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Definition
| The court Determines the percentage of fault of the defendant, The defendant is then liable for that percentage of the plaintiff's damages |
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Term
| modified comparative negligence |
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Definition
| The same manner except that the defendant must be liable for more than 50 % of the damages before the plaintiff can recover |
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Term
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Definition
A defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm that the defendant caused
Express and implied assumptions |
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Term
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Definition
1 Risk of serious harm to people or property
2. So dangerous that it cannot ever be safely undertaken
3. it is not usually performed in the immediate community |
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Term
| Examples of Strict Liability |
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Definition
| Dynamite blasting Non domesticated animals, Unreasonably Dangerous products |
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Term
| 2 elements to show product Liability |
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Definition
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