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Punitive Damages = payment going beyond merely compensation.Proximate Causation = Person caused harm in a way that should have been reasonably forseeable.Comparative Fault (defense for negligence case) = defendant can escape some or all liability by demonstrating that the plaintiff shared some fault for his own injury. No Fault Systems- Employee can get recovery through accident at work through the workers compensation system, but cannot sue company even if employer was careless (only if gross negligence or intentional tort)Deceptive Trade Practices Acts = statutory: outlaws several forms of unfair practices to seek to mislead consumer.; if involved product can use common law fraud theory/breach of express warrantyLanham Act = Congress regulating unfair competition, outlaws any false description or representation /trademark infringementBattery- intentional harmful or offensive bodily contactAssault when the victim is made reasonably afraid that he is about to be battered/creates an apprehension of an imminent batteryodefendant tries to argue consent or claim self defense intrusion: highly offensive intrusion of a private place (locker/bedroom)disclosure of public facts: since they are true, it is not defamation, but sharing embarrassing facts (like blackmail)false light: defendant put plaintiff in false public light appropriation of name and likeness: protects against face and name exploitation absolute privilege: judicial/legislative proceedings but very narrow in scopequalified privileges: defendant protected if acted in good faith; EX:where both transmitter and recipient have legitimate interest in content; plaintiff must prove that defendant knew statement was false or didn't care if statement was true/falseinjurious falsehood:only proven if shown loss of economic value; disparagement of goods, slander of goods, and trade libel; targeting plaintiff property or quality ofbusiness-for trespass, no intent to do harm is requiredembarrassing facts more blackmail than defamation because they are true. defense is for newsworthiness by mediafraud is intentional tort and others can receive punitive in addition to compensatory damagesCases: Otis Engineering Corp V. Clark:oMatheson worked for Otis Corp and would drink on the job. Otis told him to go home one day and asked Matheson if he could make it home. Matheson said yes, but on the way home got in an accident and killed thewife of Clark. oClark sued Otis for wrongful death action oDistrict court dismissed suit, saying Matheson was not acting in scope of employment at time of accident
ocase goes to Intermediate court where the court believed because of the employee’s state, the employer had certain responsibility over its employee. It should have foreseen this kind of accident to happenoClark won caseBrown v. Philadelphia college of osteopathic medicineoMrs. Brown and baby diagnosed with syphilisoMrs. Brown asks Mr. brown if he’s been cheating. He says yes. Leads to stress in marriage. oMrs. Brown sues hospital for negligence.oMrs. Brown wins case o