Ba-18: Chapter 7

Page 219 with knowledge that false information or with Reckless disregard of whether it was false or not

Tort is a civil wrong tort law is concerned with a body of private wrongs as compared to criminal law which is concerned with public wrongs tort law helps protect and image of the jewels rights with respect to his or her person and property tort law varies from state to state most tort law is based on precedents in their state courts

Concerned with public wrongs

Intentional torts occur when the actor behaves in a Wolf full or intentional manner he or she either wants the ACT to occur or knows that the app will probably occur

And intentional offensive contact example intentionally punching someone in the face

is a is a defense where the defendant claims that his a her condo quiz is a defense where the defendant claims that his a her conduct was authorized or sanctioned the law privilege of the defense that protect certain social interest a number of situations give the right to invoke privilege so I move to strike you you have the privilege of self-defense also this goes for privilege to defend family members also retail business persons have the privilege to detain persons who they reasonably believe in committed theft and lastly person to property is stolen had the privilege to go on to another person's property to retrieve it judges and legislators have the privilege of saying things that might be defamatory under other circumstances in order to stimulate debate and encourage independence of thought and action

Face on a concept of fault in which morality and law are intermingled. With respect to negligence we all have a reasonable duty to avoid negligent Behavior

Law applies at standard of reasonable and prudent person comparing the conduct of this hypothetical individual to the conduct of the defendant

Persons can be held liable to Injured parties even if their conduct was neither intentional nor negligent that is they can be held liable even if the damage arising from their Condit was not their fault

We all have a duty to act appropriately what degree of Duty exists under any specific set effects with respect to intentional torts we all have a simple duty to avoid liability causing Behavior Duty in each particular situation is compared to the hypothetical person as we call it the reason and prudent person

The knowledge or notice that a result is likely to occur if a certain Act of hers IT addresses the likelihood that something will happen in the future

Is wrongful intentional conduct that would cause a victim to have a reasonable apprehension of immediate harm or offensive contact

Both intentional torts and negligence are based on the concept of false

Occurs when a person intentionally exercises exclusive control over the personal property of another without the permission of the owner and this case the converter is liable for damages

An action to recover possession of goods taken unlawfully

Occurs when an actor intentionally makes an untrue statement concerning a victim statement is heard or read by someone else and the statement injures the victim's reputation the defamatory remarks must be published which is defined as read or heard by others the negative remark made directly to the victim and which is not overheard by anyone else is not published need not name the person it must be reasonably interpreted as referring to the victim

When the fact-finder decides that the plaintiff's reputation for a trait is so poor that with regard to that trait it could not be further damage by the statement

A form of defamation occurs when the statement is oral there is slander per se in slander her quote slander per se occurs when an actor says another person is seriously immoral seriously criminal has a social disease or his unfit as a business person or professional slender preclude is any other type of oral defamatory statement that must show harm in order to recover damages

Being read or heard by others

Occurs when the statement is written or printed

A person who has a degree of prominence in society two types of public figures and all purpose public figure is someone who has achieved so much fame or notoriety that he or she becomes a public figure for all purposes and in all context a limited purpose public figure is someone who voluntarily involves himself or herself in or is drawn into a particular public controversy he or she then becomes a public figure for a limited range of issues

Occurs when a business product is the feigned generally requires that a person make false statements about a business product Services reputation honesty or Integrity the speaker publish is the remark to a third party and the speaker known the remarks is false or the speaker makes the statement maliciously and with intent to injure the victim it is also called trade libel if the statements are written or slander of title at the statements are oral sometimes it is also called Product disparagement

A form of disparagement is statements or written or slander of title the statements are oral about a business product

Form of disparagement which occurs when a business product is defame slander of title refers to the statements being oral

Is the form of disparagement that occurs when a business product is defamed

Is the unlawful detention of one person by another against the former's will and without just cause for a nun appreciable amount of time

Fraud as a tort is extremely complex it concerns a misrepresentation of a material fact made with the intent to deceive there are five elements to fraud a material fact was involved the fact was misrepresented the falsehood was made with the intent to deceive the falsehood was one on which and other person justifiably relied and that person was injured as a result

A falsehood was one or which another person justifiably relied

An infliction of emotional distress

Often called intentional infliction of emotional distress and the negligent infliction of emotional distress in many states element of intentional infliction of emotional distress are that the defendant acted intentionally or recklessly the defendant's conduct was extremely outrageous the defendant's actions caused emotional distress to the plane if the plane is emotional distress with severe some states require physical injury in addition to emotional distress

See negligent infliction of emotional distress these terms are the same

This occurs when a person or business intentionally interferes in a contract of another depending on the state and maybe call unlawful interference with construction relations interference with a construction relation-ship inducement of breach of contract or procurement of breach of contract

Physical or monetary losses caused by the damager

Is a torque closely related to intention interference with contractual relations is also called interference with a business relationship it occurs when an actor interferes the another person or business potential business relationships since the parties are still negotiating the arrangement the relationship has less protection than actual contract would have

Privacy refers to a individuals rights to be left alone the person's privacy is invaded if that person become subject to unwarranted intrusions into his or her right to be left alone

Occurs when an actor unlawfully acquires the use of Trade Secrets of another business Enterprise victim must prove trade secret exist

Is some exclusive knowledge of commercial value that has been created by the labors of a specific person or group of people owner must have implemented reasonable steps to protect the trade secret

Also known as a tort of misappropriation of Trade Secrets

Something someone counts upon see the tort of reasonable reliance

Falsehood made up with the intention to deceive

The right for a person to be left alone

The injury of a person some states require it along with the infliction of emotional distress to be protected under the law

Unauthorize used of lightness or light story for example the use of a famous person's name photograph Voice song or image in an advertisement without permission is an inappropriate use of lightness and is a version of invasion of privacy

In this context is talking about the invasion of privacy which unlike defamation truth is not a defense

Truth is one of the best defenses for the tort of defamation the defendant will win if they can prove that the statement was true

Dealing with invasion of privacy is included with the appropriation of plaintiff's name face or likeness for commercial purposes

Dealing with invasion of privacy

Having to do with invasion of privacy

Having to do with invasion of privacy defendant interferes with the plaintiffs seclusion

Presenting the plaintiff in a false light in the public eye having to do with invasion of privacy defendant publicly attributes to plant his views or positions plaintiff does not hold

Having to do with invasion of privacy defendant reveals private information that the plaintiff did not make public

Otherwise known as Rico dealing with criminal law but also provides for civil suits by the victim Rico is a federal statute directed at the pattern of racketeering activity a pattern means two or more racketeering acts within a 10 year.

Are three times the amount of actual damages a civil plaintiff can sue even though there has been no criminal conviction

Tour is used to protect property interests against non-consensual infringement there are two types of trespass trespass to land and trespass to personal property

Trespass to personal property it occurs at the trespassers action is intentional

Trespasser will be liable for nominal if there's no actual damage

Even though a tort has been committed the law may not compensate the injured party if that person consented to the tort

Implied consent when the overall conduct of the party raises a presumption that agreement was given

Where the ACT is for public good for example if you destroy persons Orchard to prevent a fast-moving fire from spreading to nearby homes

Private necessity because the necessity applies to you for example there's a storm you may pull your dog up to a private Co doc it tied up and use the land for shelter because it's a necessity

Reasonable Judy is a standard of ordinary skill and Care based on the facts of each individual case

A person enters others land for self-protection the law recognizes that is a necessity and disallows the normal damages or nearly available for trespass

Investigation is closely related to knowledge it is Our obligation to find out we assume that a reasonable person know certain information we also assume that reason a person will do research or test to discover additional information

The amount of knowledge in the world increases so does the amount of knowledge that you're reasonable and prudent person is expected to possess and this since the law for zooms that everyone has no complete knowledge of the law

Exercise of reason is Judgement

Inherent negligence negligence without a need for further proof preaching the statutory standard is negligence per se

Some states such as California instead treat negligence per se as a rebuttal presumption. The personal is allowed to present evidence that under the circumstances violating the statutory standard was the most careful Behavior

Relaxes the standard means the things speak for itself to apply this the injury must meet the following three tests this occurrence would ordinarily not happen in the absence of someone's negligence the currents must be caused by a device within exclusive control of the defendant and the plaintiff and no way contributed to his or her own injury

The heart of the law of negligence is causation causation has two components actual cause and legal, which is also called proximate cause

Court determines whether X an act by one party is the actual cause of Y an injury to the other party

Has to do with actual causation the court examines whether but for the occurrence of act X would result why have happened

After actual causes been established the focus shifts to policy questions what the Court decides here is what they lost should hold the defendant liable at some point the law will say enough Beyond this point the defendant will not be held liable

If a plane is not injured the defendant will not be held liable in Damages example is hurt feelings may be real but the law does not generally award damages for hurt feelings

The fact-finder usually the jury determines to what degree the plaintiff contributed to his or her own injury

A common-law one defense is contributory negligence which bars recovery in the legal sense bar means to prevent or stop an example is someone jaywalking or riding a bicycle at night wearing a black raincoat if they sue the defendant can prove that they contributed to their own injury

Common law developed the doctrine and which the defendant will win at the defendant can prove that the plaintiff voluntarily assumed hey known risk

Comparative negligence laws may be minimal in automobile accidents in no-fault States where comparative negligence becomes difficult to apply when there are more than two parties

Missouri for example uses five elements for strict liability failure-to-warn claim they are one of the defendants sold the product in the course of its business to the product was unreasonably dangerous at the time of sale when it is used as reasonably anticipated and without knowledge of its characteristics three the defendant did not give an adequate warning of the danger for the product was used in a reasonably anticipated matter and by the plans was damaged as a direct result of the product being sold without adequate warning

There are two types of nuisances a private nuisance in a public nuisance private nuisance is the unreasonable interference with the interests of a person in the use or enjoyment of his or her land

A public nuisance causes an inconvenience or damage to the public at Large

Express or implied warranties based on contract theories

Dealing with product liability manufacturers and Distributors of products may be held liable based on legal theories

Is the same as Express warranties

Growing concern of businesses manufacturers and Distributors of product may be held liable based on legal theories

Means that the superior should answer or pay for the torts of employees that Oak her in the course and scope of employment does not excuse the employee employee will be held liable in addition to his or her employer

The rest of the product is evident such as a sharp knife

Unreasonably dangerous seems vague to both laypersons and lawyers have been many Court decisions attempting to Define and clarify the term the defect must be in the product when it leaves the control of the defendant

Tort law protects an individual's rights to his or her person or property.

Intentional torts occur when a person acted in a willful or intentional manner.

Intentional torts two persons include assault battery defamation disparagement false imprisonment infliction of emotional distress and invasion of privacy.

Intentional torts to property include trespass conversion and misappropriation of Trade Secrets.

Common defenses to International torts include consent privilege necessity and Truth the defenses that are available depend on the toward and the situation.Negligence occurs when the defendant fails to act as a reasonable and prudent person.Potential defenses to negligence suits include contributory negligence comparative negligence and Assumption of risk.Shrink liability is not based on the intent or negligence it applies when the legislature or cords have declared that the actor will be liable for any harm caused by certain activities.Duty and foreseeability are Central to all three categories of torts.

Foreseeability concerns the thought process liability exists if a reasonable and prudent person would have foreseen harm.

Means two or more racketeering acts within a 10 year. It's concerning the RICO Act