Torts Product Liability Primary Flashcards
Tort
A civil action in which one party brings a suit of a
personal nature against another.
Intentional torts
1) Assault
2) Battery
3) False Imprisonment
4) Intentional Infliction of Emotional Distress
5) Defamation
7) Trespass
Defenses of assault and battery
o Consent
o Self-Defense
o Defense of Another
o Defense of Property
Assault
Creation of fear of offensive contact
Battery
Offensive contact
False Imprisonment
Intentional confinement of another without justification
Intentional Infliction of Emotional Distress
Intentional act that amounts to extreme and
outrageous conduct
Defamation
Wrongfully hurting another’s reputation with slander or libel
Defense of defamation
The truth
Proof of Defamation
Publication needed – watch out for defamation by selfpublication
Trespass
Entry, without permission, onto the land of another
Tortious Interference with Contractual Relations
when a person intentionally convinces a party to breach a contract with the plaintiff
Tortious Interference with Business Relations
when a person intentionally damages the plaintiff’s business relationships
Negligence
involving matters of risk
Duty of Care
measured by the standard of reasonableness