Torts & Product Liability Flashcards
(38 cards)
What is a tort?
a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability
How is tort law different from criminal law?
ort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate
What is false imprisonment?
Defendant willfully confines plaintiff without plaintiff’s consent and without legal authority
What is the shopkeeper’s privilege (a defense)?
privilege to detain a suspected shoplifter until police arrive—must be reasonable manner and duration
What is Intentional Infliction of Emotional Distress (IIED)?
a common law tort that allows individuals to recover for severe emotional distress caused by another individual who intentionally or recklessly inflicted emotional distress by behaving in an “extreme and outrageous” way.
What actions does IIED require?
IIED requires that the action must either
a) result in a physical injury
b) be completely intolerable in society (outrageous conduct)
What is defamation?
the action of damaging the good reputation of someone; slander or libel
What are the 4 requirements to sue for defamation?
1) Publication / communication to someone(s) other than plaintiff
2) False statement of fact (not opinion)
3) Damages
4) “Actual malice”
Why is the case “The N.Y. Times v. Sullivan” important?
it is important because it was a landmark U.S. Supreme Court decision holding that First Amendment freedom of speech protections limit the ability of public officials to sue for defamation .
What requirement was added in order to sue for defamation after the case “The N.Y. Times v. Sullivan”?
Public figure plaintiff must prove “Actual Malice” (knowingly false or reckless disregard of truth or falsity)
What are the four forms of invasion of privacy?
a) Appropriation of Identity
b) Intrusion into Individual Affairs or Seclusion
c) Public Disclosure of Private Facts
d) False Light
Within the four forms of invasion of privacy, what is “Appropriation of identity”?
(i) using identifiable characteristic,
(ii) without permission,
(iii) for commercial gain
Within the four forms of invasion of privacy, what is “Intrusion into individual’s affairs or seclusion”?
without permission searching through home or property (e.g. laptop, cell phone)
Within the four forms of invasion of privacy, what is “Public disclosure of private facts?”
disclosing private facts or information to others/ the public
Within the four forms of invasion of privacy, what is “False light”?
under the tort of false light, a plaintiff can receive damages for the emotional harm that he or she suffered by the spread of the falsehood.
What are the three requirements to apply wrongful interference with a contract?
a) Valid Contract Exist
b) Defendant Knew of This Valid Contract
c) Defendant Intentionally Induced Breach
What is negligence?
A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances
What are the four basic elements of negligence (unintentional tort)?
1) Existence of Duty (to exercise reasonable care)
2) Breach of duty
3) Causation (actual & proximate)
4) Damages
What is the duty of landowners?
“to exercise reasonable care to protect individuals coming onto property”
How does the jury decide whether someone acted in duty?
Duty to act as a “reasonable person” would act.
Jury uses “reasonable person” (an objective standard) to decide if defendant’s behavior breached duty of care.
Jury determines “How would a reasonable person act in this circumstance?” and whether defendant acted in that way.
What is Negligence per se?
automatic liability if defendant’s act violates a statute and causes injury (plaintiff does not have to prove duty and breach).
What is causation?
The failure to exercise reasonable care caused harm to the defendant
What are the two different types of causes?
1) Cause in fact (actual cause)
2) Proximate cause (legal cause)
What is proximate cause?
An actual cause that is also legally sufficient to support liability. Although many actual causes can exist for an injury (e.g., a pregnancy that led to the defendant’s birth), the law does not attach liability to all the actors responsible for those causes. The likelihood of calling something a proximate cause increases as the cause becomes more direct and more necessary for the injury to occur
