BLS 342- Exam #2Word list (tmikes)

BLS 342- Exam #2Word list (tmikes) - Definition of...

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Definition of Intentional Tort - Required elements -When defendant takes actions intending for certain consequences to happen * People intend what could be considered a normal result of their action Ex; if you throw a rock into a group of people it would be assumed under law that you intended to hit someone/injury them- regardless of your true intention - Must have- 1) Intent 2) Harm Caused to another person (may be very small) Trespass to Property (Real and Personal) -Real Property- Houses, land, buildings, ect. Trespass to realty occurs when a person; -Enters land without permission -Causes object to be placed on land without permission -Stays on land when owner tells them to leave -Refuses to remove something they placed there -Personal Property- Clothing, Cars, Ipods, ect. Trespass to personalty occurs when a person; -Uses your personal property without permission -Steals your personal property Ex. If I take someone’s bike from their garage while it is their only method of transportation to work – and I return it a week later—I have to compensate the owner for lost wages and any other expenses that arose from me having the bike. Conversion - Permanently removing personal property from the owner’s possession and control. -True owner can no longer regain property- Recovers full repayment of item Transferred Intent- When an intent to cause harm to one person results in harm to another person instead of the intended target, the law transfers the intent to the actual harm. Ex: If Joe intends to shoot his girlfriend and misses her, and the bullet hits a passerby, killing him. Joe may be charged with first degree murder since the intent to commit murder is transferred to the actual crime. Purpose of "Tort Law"- -Compensate innocent injured persons -Prevents private retaliation by injured parties- If someone beat your car, then don’t go do it back -Reinforce vision of a just society -Deter future wrongs **   It is there to compensate persons who have sustained a harm or loss from others conduct** Nuisance- (Private)- When a person uses their property in a unreasonable manner that harms a neighbor’s use or enjoyment of his property. -An intentional Tort Ex; if you burn Styrofoam in your yard that causes toxic gas to go into your neighbors yard/house – you are responsible/liable
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Attractive nuisance- Landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children (swimming pool, trampoline) -Owner must exercise reasonable care to protect children i.e. putting a fence around a swimming pool. Ex; If you own a swimming pool and have a sign that warns people about the danger—And a 3 year old wanders in a drowns, you may still be held liable because the toddler cannot read, and you did take more protective measures Defamation - defenses - elements of - Intentional publication of a false statement that is harmful to an individuals reputation. -libel = TV/Magazine -Slander = Oral
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BLS 342- Exam #2Word list (tmikes) - Definition of...

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