Ch 10 Class Notes

Question 0

Strict liability

Answer 0

Part of chain to make product, if product causes harm

To person

Question 1

A tort case involves?

Answer 1

Personal injury

Question 2

2 types of intentional tort

Answer 2

1 assault

2 battery

Question 3

Assault

Answer 3

Intimidating and aprehension of bodily harm

Question 4

Battery

Answer 4

Actual harm

Awareness not required

Question 5

What are 2 common defenses for battery?

Answer 5

1 consent

2 self defense

Question 6

Would fraternity hazing result in assault and battery?

Answer 6

Usually not, because pledge gives consent

Question 7

False imprisonment

Answer 7

Held against will

Question 8

Malicious Prosecution

Answer 8

Arrest for wrong reason

Question 9

Defamation

Answer 9

False statement of fact

Published or communicated to 3rd party

Causes damage to reputation

Question 10

When a pharmacist is falsely accused of stealing by his employer, what kind of claim is the employer making?

Answer 10

A defamation claim

Question 11

What is a full defense to a defamation claim?

Answer 11

The truth

Question 12

3 types of invasion of privacy?

Answer 12

1 appropriation

2 intrusion upon seclusion

3 false light

Question 13

Invasion of privacy false light example

Answer 13

Municipality terminated employee and put up bogus

Reason on public website

Question 14

Fraud

Answer 14

Intention to deceive

Intentional tort

Question 15

Actual malice

Answer 15

Intention to deceive in making that relationship

Ex. Oprah connected mad cow disease to Texas Cattle
And was sued by the slaughter company for actual
Malice

Question 16

Wrongful interference contract with business relations

Answer 16

Draw employee away to steal design

Question 17

4 components of a negligence case?

Answer 17

1 duty of care owed to plaintiff by defendant
2 defendant breaches duty
3 plaintiff suffers legally recognized injury
4 damages

Question 18

Businesses have heightened duty when it comes to negligence because they must…

Answer 18

Make a profit

Question 19

A frat pledge dies and the defense of the frat is the pledge chose to drink so there is no liability. Is there a basis to sue?

Answer 19

Yes the pledge is underage

Question 20

Dram shop acts

Answer 20

Bar must look out for patrons

Tavern owners are liable for damages caused by visibly
Intoxicated persons

Question 21

A pharmacist fills a prescription for a drug that causes a person internal bleeding. What is the basis to sue?

Answer 21

Basis to sue the drug maker and the doctor

Question 22

Cause in fact, define, what test does it rely on?

Answer 22

Actual cause

Relies on “But for” test

Question 23

Proximate cause, define, what test does it rely on?

Answer 23

Legal cause

Relies on “foreseeability test”

Question 24

But for causation is limited by...

Answer 24

Proximate causation (what can be foreseen)

Question 25

3 common defenses against negligence

Answer 25

1 contributory negligence 2 comparative negligence 3 assumption of risk

Question 26

Contributory negligence

Answer 26

If plaintiff contributes more than 50% (depends on state) | Plaintiff can't recover

Question 27

Comparative negligence

Answer 27

Plaintiff is no more than 50% negligent

Question 28

Assumption of risk

Answer 28

Plaintiff knew the risk Plaintiff voluntarily assumes (accepts) risk

Question 29

Res Ipsa Loquitor

Answer 29

Negligence speaks for itself Ex. Barrels falls out window and hits pedestrian

Question 30

Negligence per se

Answer 30

Violate state that sets standard of care

Question 31

Good Samaritan statutes

Answer 31

Protects qualified rescuers from liability

Question 32

Dram shop act: when is the bar liable?

Answer 32

When drunk driver they serve injures 3rd party

Question 33

Product liability

Answer 33

Rises from contract law

Question 34

When is a product defective?

Answer 34

When it departs from intended design

Question 35

What is a common defense for strict liability for a product liability?

Answer 35

No defect

Question 36

Compensatory damages

Answer 36

Put plaintiff back if they hadn't been harmed

Question 37

Punitive/exemplary damages

Answer 37

Punish defendant for outrageous behavior

Question 38

What is the difference between a negligence claim and a product liability claim?

Answer 38

Product liability rises from contract law

Question 39

In a car accident, what are the legal defenses when plaintiff is injured for not wearing seatbelt, asserting door latch is defectively designed.

Answer 39

1 no seatbelt (intervening factor) 2 actual accident not foreseeable 3 door designed for other accident reasons