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Business Law Ch. 8


undefined, object
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A civil wrong. A breach of legal duty that proximately causes harm or injury to another
Purpose of tort law (4)
1. To compensate those who have suffered injuries as a result of the wrongful conduct of others
2. Individuals have a right to be safe in their physical person
3. Having your real and personal property protected
4. Protects intangibles such as privacy, reputation and dignity
Any wor or action intended to make another person fearful of immediate physical harm. Has to be reasonably believable threat. Also includes offensive contract (which is gauged by a 'reasonable person' standard)
The completion of the act itself - The unpriviledged, intentional touching of another
Defenses of torts
Consent, self-defense, defense of other of defense of property
False imprisonment
The intentional confinement or restraint of another person's activities without justification
Privledge to detain
In some states if a merchant has 'probable cause' to suspect that someone will shoplift, they are justified to detain a suspect shoplifter of a reasonable amount of time
Infliction of emotional distress
Extreme and outrageous conduct that causes another to feel in such a way.
Anything that causes injury to another person's good name, reputation or character
Slader; Libel
Slander - Oral defamation
Libel- Written defamation
Four types of slader per se
1. A statement that another has a loathsome communicable disease
2. A statement that another has committed improprieties while engaging in a profession or trade
3. A statement that another has committed or has been imprisoned for a serious crime
4. A statement that a woman is unchaste.
Defense to defamation
The truth is an absolute defense
Four acts of invasion of privacy
1. Tort of appropriation
2. Intrusion in an individuals affairs or seclusions (invading someone's home)
3. Publication of information that puts someone in false light
4. Public disclosure of private facts about an individual that an orginary citizen would find objectionable
Using another person's name, likeness or other identifying characteristic, w/o permission and for the benefit of the user.
Five elements of fraud
1. Misrepresenation of facts (or reckless disregard for the truth)
2. Intent to induce someone else to rely on the misrepresentation
3. Justifiable reliance by the party who was deceived
4. Damages suffered
5. Causal connection between the mirepresenation and the injury
Exaggerated claims of opinion
Wrongful interference with a contractual relationship
A valid contract exists, third party knows it exists, and a third party intentionally causes one of the two parties to breach the contract
Intentional torts against property
Real property - land and things perminently affixed to the land

Personal property - all other items which are basically moveable
Trespass to land
When a person enters another peron's land without permission. Actual harm to the land is not needed
Trespass to personal property
The unlawful taking or harming of another person's personal property - interfernce with another person's right to the exclusive possession of his personal property
Depriving an owner of personal property without owner's permission and without just cause. The intial taking of the property is respass, the retention of that property is conversion.
Unintentional torts (negligence)
The failure to exercise the care that a reasonable person would exercise under a similar circumstance
Elements of negligence
1. Duty - did the defendent owe a duty of care to the plantiff
2. Breach - did the defendent breach that duty?
3. Did the plantiff suffer a legally recognizable injurty as a result of the breach of duty?
4. Causation - did the defendent's breach cause the plantiff's injury?
Landowners and negligence
Expected to use reasonable care to protect person's coming onto their property from harm (serving alcohol)
Business negligence
Retail owners must warn patrons of forseeable risks about which the store knew or should have known (slip n fall cases)
Proximate cause
The connection between the act and the injury must be strong enough to justify imposing liability
Defenses to negligence
1. Assumption of risk
2. Contributory negligence
3. Comparative negligence
Assumption of risk
did the plantiff voluntarily enter into the risky situation, knowing the risk was involved?
Contributory negligence
Was the plantiff also negligent? Contributory is an absolute bar to recovery
Comparative negligence
Computer the ngeligence of both the defendent and the plantiff and the distribute liability for damages accordingly
res ipsa loquitor
"the facts speak for themselves" (piano second story example)
negligence per se
If an individual violates a statue or ordinace providing for a criminal penalty and that violation causes another person to be injured
good samaritan statues
Person who rescues or provides emergency services to others in peril cannot be sued for negligence, unless they act recklessly
social host issues
In some states, statues impose liability on social hosts (those persons hosting the party) for injurties caused by guests who became intoxicated at the hosts' homes

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