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Flashcards in Final Exam Deck (67)
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1

present when one intends the consequences to come about (you knew or should have known)

Intentional Tort

2

that force and no more than a reasonable person in the like circumstances would judge to be necessary

reasonable force

3

protected against this in the case of being falsely accused or wrongly denied

false arrest or imprisonment

4

store owner can detain and search people who appear to be stealing

shopkeeper privilege

5

outrageous conduct, intent to cause or reckless disregard in the probability of causing emotional harm, actual severe emotional harm

intentional infliction of mental distress

6

when one intentionally enters the land of another or causes a thing or third person to do so

trespassing

7

that of the average reasonable person, children are compared to children of their age, or if you have a superior skill you will be compared to a person in that area when performing that task

duty

8

what kind of duty is owed to trespassers

only not to harm them unless they are children and it is an attractive nuisance

9

what kind of duty is owed to guests or business invitees

reasonable care or general warning of dangerous area

10

2 different types of damages

compensatory - loss of earnings and medical bills
Pain and suffering

11

where damages are reduced by a percentage of fault

Modified Comparative Fault

12

meant to punish

punitive

13

cause is intact use the but for test - but for the actions of the defendant the plaintiffs harm would not have occured

Actual Causation

14

temporal relationship - use the but for test again except in an A-B relationship

Approximate Causation

15

can't prove something happened and no one is talking which reverses the burden of proof

Res ipsa loquitur

16

means that the thing speaks for itself

res ipsa loquitur

17

what kind of duty is owed to bystanders

spouses, persons related to you in the second degree mom, dad, siblings, children, grandparents

18

responsible for things that others do with your stuff

imputed negligence

19

for children/spouse/parent includes loss of sex, society of a kind, for the spouse the other person must be alive but kids can get if alive or dead

loss of consortium

20

doing something so dangerous we don't care how carful you are if someone gets hurt you are liable ex. wild animals/dogs

strict liability

21

manufacture of any product can't sell product in unreasonable dangerous condition which includes conditions which is a foreseeable misuse of a product

products liability

22

reasonable safety to me of their product

product negligence

23

care that you a driving should be able to withstand a reasonable crash

crash worthiness

24

describe a warranty

not covered under tort arises under contracts tort has a 2 year statue of limitations and contract has a 6 year statue of limitations some warranties can be disclaimed if it is an explicit warranty where absolutely everything is disclosed

25

type of implied warranty where product should at least be of ordinary quality when sold by the merchant or dealer

warranty of merchantability

26

implied warranty where able to use the thing for the reason you bought it for

warranty of fitness for a particular purpose

27

owning more than 50% of a market

monopoly

28

name the five parts of analyzing a monopoly

1. identify the product market
2. geographic market
3. market share
4. intent to be a monopolist
5. Defenses availiable

29

name the 3 parts of an attempted monopoly

1. defendant engaging in anti-competitive conduct
2. had intent to monopolize
3. dangerous probability of achieving monopoly power

30

when two or mor competitors in the same product market compbine

horizontal mergers