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Flashcards in Ch 10 Class Notes Deck (40)
0

A tort case involves?

Personal injury

1

Strict liability

Part of chain to make product, if product causes harm
To person

2

2 types of intentional tort

1 assault

2 battery

3

Assault

Intimidating and aprehension of bodily harm

4

Battery

Actual harm

Awareness not required

5

What are 2 common defenses for battery?

1 consent

2 self defense

6

Would fraternity hazing result in assault and battery?

Usually not, because pledge gives consent

7

False imprisonment

Held against will

8

Malicious Prosecution

Arrest for wrong reason

9

Defamation

False statement of fact

Published or communicated to 3rd party

Causes damage to reputation

10

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

A defamation claim

11

What is a full defense to a defamation claim?

The truth

12

3 types of invasion of privacy?

1 appropriation

2 intrusion upon seclusion

3 false light

13

Invasion of privacy false light example

Municipality terminated employee and put up bogus
Reason on public website

14

Fraud

Intention to deceive

Intentional tort

15

Actual malice

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

16

Wrongful interference contract with business relations

Draw employee away to steal design

17

4 components of a negligence case?

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

18

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

Make a profit

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?

Yes the pledge is underage

20

Dram shop acts

Bar must look out for patrons

Tavern owners are liable for damages caused by visibly
Intoxicated persons

21

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

Basis to sue the drug maker and the doctor

22

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

Actual cause

Relies on "But for" test

23

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

Legal cause

Relies on "foreseeability test"

24

But for causation is limited by...

Proximate causation (what can be foreseen)

25

3 common defenses against negligence

1 contributory negligence

2 comparative negligence

3 assumption of risk

26

Contributory negligence

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

27

Comparative negligence

Plaintiff is no more than 50% negligent

28

Assumption of risk

Plaintiff knew the risk

Plaintiff voluntarily assumes (accepts) risk

29

Res Ipsa Loquitor

Negligence speaks for itself

Ex. Barrels falls out window and hits pedestrian

30

Negligence per se

Violate state that sets standard of care

31

Good Samaritan statutes

Protects qualified rescuers from liability

32

Dram shop act: when is the bar liable?

When drunk driver they serve injures 3rd party

33

Product liability

Rises from contract law

34

When is a product defective?

When it departs from intended design

35

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

No defect

36

Compensatory damages

Put plaintiff back if they hadn't been harmed

37

Punitive/exemplary damages

Punish defendant for outrageous behavior

38

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

Product liability rises from contract law

39

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

1 no seatbelt (intervening factor)

2 actual accident not foreseeable

3 door designed for other accident reasons