BLS 342- Exam #2 Notes

BLS 342- Exam #2 Notes - 9/27/20120 BLS 342- Day 1 Notes...

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9/27/20120 BLS 342- Day 1 Notes Tort= A civil wrong giving the injured party the right to bring a lawsuit against the wrongdoer to recover compensation for the injuries. o Separate from the government. This is when someone does something to your body, your property, your reputation, your mind, ect. o Goals of Tort law Compensate innocent injured persons Prevent private retaliation by injured parties Reinforce vision of a just society Deter future wrongs ** There to compensate persons who have sustained harm or loss from others conduct (Haumbach) **Place that cost of compensation from those who should bear it (Haumbach) **Prevent future harms and losses (Haumbach) o Classification of Torts Intentional Torts= Occurs when a defendant rakes action intending that certain consequences will result, to knowing they are likely to result. Ex) “I’m going to run you over with my car”. Transferred Intent= Where there is intent to cause harm to one person3 that results in causing harm to another. Ex) Meaning to hit someone, but that person ducks and you hit someone else. *** Intended to assault man, but intent was transferred to woman with another injury is transferred intent. Criminal law can be transferred intent. Ex) Want to steal from Ron, but Ron is holding Bills money so I actually stole from bill, transferred intent. Intentional Torts (Against persons)- 1) was there intent? 2) Were you injured (violation of any right)? * Need both! o Assault- giving the mental impression that an offensive or harmful bodily contact is about to occur. Assault is action that precedes the battery Ex) When someone sees you swinging a bat close to their face o Battery- Harmful/inappropriate or wrongful touching of another. Can have battery without an assault. Ex) actually hitting him with the bat. Also, shooting someone with a gun. Battery= touching and it doesn’t matter how much. o Defamation- o Invasion of Privacy (“false light”, public disclosure
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of private facts, misappropriation for commercial gain, and intrusion on an individual’s affairs) o False Imprisonment- Interference with a person’s freedom of movement by unlawful conduct. Need intent and harm. Sean won the lotto needs to cash ticket by noon, runs to cash ticket, his friend Bruno stops to talk to him, and noon passes. *** Lady is captured by organization and brainwashed. Parents hire a deprogrammer to meet with her, which she does voluntarily, organization files suit against parents for false imprisonment. Didn’t work, cause she did it all by HERSELF o Intentional Infliction of Emotional Distress- Conduct well beyond bounds of decency, which causes a person to suffer severe mental and emotional harm. Jury makes decision Loss of Services- o Misuse of Legal Procedure- Intentional Torts (Against property) Intentional Torts (Against Economic Interest) Negligent Torts= Occur when defendant falls to act in a responsible way, subjecting others to an unreasonable risk of harm
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This note was uploaded on 11/15/2011 for the course BLS 342 taught by Professor Miller during the Fall '08 term at Miami University.

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BLS 342- Exam #2 Notes - 9/27/20120 BLS 342- Day 1 Notes...

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