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College Law > Chapter 6 > Flashcards

Chapter 6 Flashcards

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1
Q

what is chapter 6 about

A

torts

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2
Q

what is tort french for

A

wrong

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3
Q

what two notions serve as the basis of all torts

A

wrongs and compensations

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4
Q

what is tort law designed for

A

to compensate those who have suffered a loss or injury due to another person wrongful act

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5
Q

what is a tort action

A

one person or group brings a lawsuit against another person or group to obtain compensation

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6
Q

what is the purpose of tort law

A

to provide remedies for the violation of various protected interests

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7
Q

what does tort law provide remedies for

A

acts that cause physical injury or that interfere with physical security and freedom of movement

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8
Q

Compensatory damages

A

to compensate or reimburse the plaintiff for actual losses

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9
Q

special damages

A

quantifiable monetary losses; medical expenses, lost wages and benefits

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10
Q

general damages

A

non monetary aspects of the harm suffered, such as pain and suffering, loss of companionship

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11
Q

punitive damages

A

punish the wrong doer and deter others from similar wrongdoings; only when conduct was particularly egregious

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12
Q

when are punitive damages available

A

intentional tort and only rarely in negligence lawsuits

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13
Q

gross negligence

A

an intentional failure to perform a mindset duty in reckless disregard of the consequences of such a failure for the life or property of another

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14
Q

types of tort reforms

A

limiting the amount of both punitive and general damages that can be awarded/
capping the amount that attorneys can collect in contingency fees/
requiring the losing party to pay both the plaintiff’s and the defendants expenses `

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15
Q

what is a class action

A

large number of plaintiffs bring the suit as a group

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16
Q

state tort reform price range

A

250,000-750,000

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17
Q

two classifications of tort

A

intentional, unintentional; depends how it occurs

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18
Q

common defense for intentional torts

A

consent

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19
Q

what is a tortfeasor

A

the one committing the tort

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20
Q

transferred intent

A

when you intentionally try and harm one person but unintentionally harm a second one

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21
Q

what is battery

A

an unexcused and harmful or offensive physical contact intentionally performed

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22
Q

false imprisonment

A

intentional confinement or restraint of another person’s activities without justification; moral pressure does not constitute false imprisonment

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23
Q

actionable

A

capable of serving as the ground for a lawsuit; must be extreme and outrageous to the point that it exceeds the bounds of decency accepted by society; annoying doesn’t count

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24
Q

defamation of character

A

wrongfully hurting a persons good reputation

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25
tort of libel
refrain from making false, defamatory statements of fact about others; if done in writing or permanent form then it is this
26
tort of slander
refrain from making false, defamatory statements of fact about others; if done orally
27
how to establish defamation
defendant made a false statement of fact/ statement was understood as being about the plaintiff and tended to harm reputation/ statement was published to at least one person other than the plaintiff/ if public figure, she or her must prove actual malice
28
what must defamation be in front of
third party
29
damages for libel
general damages
30
damages for slander
special damages
31
slander per se
actionable with no proof of special damages required
32
four types of declarations for slander per se
a particular type of disease, committed improprieties while engaging in a profession or trade, imprisoned for serious crime, sexual misconduct/cheating
33
defenses to defamation
statement proven true
34
privilege
immunity
35
two types of privileged communication
absolute and qualified
36
absolute privilege
only in judicial proceedings and certain government proceedings
37
qualified, conditional, privilege
not be held liable if having this
38
actual malice
statement must be made with either knowledge of its falsity or a reckless disregard of the truth
39
false light
publication of information that places a person in a false light; invasion of privacy
40
fraudulent misrepresentation
involves intentional deceit for personal gain
41
fraudulent misrepresentation
a misrepresentation of material facts or conditions with knowledge that they are false or with reckless disregard for the truth/ intent to induce another party to rely on the misrepresentation / a justifiable reliance on the misrepresentation by the deceived party/ damages suffered as a result of that alliance/ a casual connection between the misrepresentation and the injury suffered
42
puffery
sellers talk
43
malicious prosecution
a party sues without legitimate legal reason
44
abuse of process
apply to any person using a legal process against another in an improper manner or to accomplish a purpose fir which the process was not designed
45
bus. tort categories
interference with a contractual relationship, interference with a business relationship
46
interference with a contractual relationship
three elements needed; a valid contract, third party knows it exists, third party must intentionally induce a party to breach the contract
47
interference with a business relationship
prohibited from unreasonably interfering with another's business in their attempts to gain a greater share of the market
48
what are intentional torts against property
trespass to land, trespass to personal property, conversion, disparagement of property
49
other names for trespass to property
trespass to chattels, personalty
50
conversion
intentional tort consisting of "taking with the intent of exercising over the chattel an ownership inconsistent with the real owner's right of possession
51
trade libel
slander of quality
52
negligence action
duty, breach, causation, damages
53
duty of care
free to act as they please as long as their actions do not infringe on the interests of others
54
malpractice
professional negligence
55
whether or not there was causation
causation of fact, was the act the proximate, or legal, cause of the injury
56
causation of fact
"but for"
57
proximate cause
when the connection between an act and an injury is strong enough to justify imposing liability
58
negligence per se
violates something and ends up hurting someone else
59
dram shop acts
bars owner or bartender may be held liable to injuries causes by a person who became intoxicated while drinking at the bar
60
superceding cause
relieves the defendant of liability for injuries causes by the intervening event
61
contributory negligence
plaintiff who was also negligent could not recover anything from the defendant; no matter how significant
62
comparative negligence
both the plaintiff and defendant negligence are computed, and the liability for damages is distributed accordingly

College Law (10 decks)

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