Business Law: Tort Law Flashcards

Terms Definitions
Oral defamation of character:
occurs when someone deliberately touches another person or that person's clothing against his or her wishes.
The plaintiff must suffer personal injury or damage to his or her property in order to recover monetary damages for the defendant's negligence:
occurs when one person lies about another in a way that damage his or her reputation. There is 2 types, libel(written) and slander(spoken)
False Imprisonment
occurs when one person unlawfully restraints another from maving freely. It may invove physical restraint or merely a show on force.
What laws protect business from disparaging statement made by competitors or others?
Unfair-competition laws
A tort related to defective products where the defendant has breached a duty of due care and caused harm to the plaintiff:
Proximate Cause
is the cause that immediately and directly results in a specific event. if a person can eleminate any one of the 4 elemants, the lawsuit will not be successful.
Invation of Privacy
occurrs when someone violates this right.
is a tort that occurrs due to carelessness.It is an accident. The injury wan not intended. there are 4 elementes of negligence. the defendent owns the plaintiff a duty of care. the defendent committed a breach of that duty. the breach of duty was the proximate cause of harm. the plaintiff suffered actual harm.
A person who commits a negligent act is not liable unless his act was the cause of the plaintiff's injuries:
What is the general test of proximate cause?
Which of the following activities would not be covered by strict liability?

a) Storing explosives.
b) Fumigation.
c) Raising pythons as pets.
d) Playing baseball.
d) Playing baseball.
Statute that makes taverns and bartenders liable for injuries caused to or by patrons who are served too much alcohol:
Dram Shop Act
Consists of things that are movable, such as automobile, books, clohes, pets, etc:
personal property
What doctrine provides that a plaintiff must be less than 50 percent responsible for causing his or her own injuries?
Partial comparative negligence
What was first imposed for abnormally dangerous activities such as crop dusting or storing explosives?
Strict liability
Occurs when a person has intentionally committed a wrong against another person or another person's property:
intentional tort
Assumption od Risk
occurs when the victim understood the risk involving in an activity and took the chance of being injured.
Occurs whenever one person injures another person's personal property.
trespass to personal property
A person who has no invitation, permission, or right to be on another's property:
Trespasser (e.g. burglar)
Interference with an owner's right to exclusive possession of land:
trespass to land
Rule that provides that social hosts are liable for injuries caused by guests who become intoxicated at a social function. States vary as to whether they have this rule in effect:
social host liability
False statements made by one person about another:
defamation of character
Intentional Inflication of Emotional Distress
occurrs when one person purposely causes another person mental anguish.
False statements about a competitor's products, services, property, or business reputation:
Disparagement (also known as "product disparagement", "trade libel", or "slander of title")
Suppose a professional basketball player and a college professor are both injured in a boating accident caused by the driver's negligent behavior. What damages can each of the men recover?
The damages that are recoverable depend on the effect of the injury on the plaintiff's life or profession. The basketball player will be awarded more damages than the professor.
What crime is committed if a perpetrator hits a woman on the back of the head without any warning?
Both assualt and battery
When the intention to harm one individual inadvertently causes a second person to be hurt instead. The law then transfers the perpetrator's intent from the target to the actual victim of the act:
Doctrine of transferred intent
Occurs when someone who originally is given possession of personal property fails to return it:
conversion of personal property
Allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment:
Merchant protection statutes ("shopkeeper's privilege")
Determining how an objective, careful, and conscientious person would have acted in the same circumstances:
Reasonable person standard (used to decide whether a duty of care is owed in specific cases).
What is the standard of conduct courts impose in negligence cases in order to determine whether duty of care is owed by the defendant?
The reasonable person standard
How does the comparative negligence doctrine award damages?
It divides damages according to fault.
A duty of care that goes beyond ordinary care that says common carriers and innkeepers have a responsibility to provide security to their passengers or guests:
duty of utmost care
Unauthorized and harmful or offensive physical contact with another person:
battery (Direct physical contact is not necessary)
Explain the meaning of publication when referring to defamation of character.
In this context, publication simply means that a third person heard or saw the untrue statement. It DOES NOT just mean appearance in newspapers, magazines, or books.
What have many states replaced the doctrine of contributory negligence with?
The doctrine of comparative negligence, where damages are distributed according to fault.
Jane was injured in a negligent boating accident in which the boat she was on hit another boat. However, her injuries were made much more severe by the fact that she refused to wear life jackets or proper boating footwear. She is suing the owner of the bo
Under comparative negligence, Jane was more than 50% responsible for her own injuries.
A plaintiff may recover damages for emotional distress caused by observing the negligently inflicted injury of a third person if what 3 elements are proven?
The plaintiff:
1) Is closely related to the injury victim.
2) Is present at the scene of the injury when it occurs and & is aware that it is causing injury to the victim.
3) As a result suffers serious emotional distress.
Usually, passerby are not liable for:
A breach of the duty of care
What types of tort cases might punitive damages be awarded?
Intentional tort and strict liability cases
What is the difference between trespass to personal property and conversion of personal property?
Trespass occurs when a person injures another person's personal property, or interferes with that person's enjoyment of said property. Conversion occurs when one person takes control over another person's property for the first person's own use.
Explain the case of Roach v. Stern.
Stern and guest, over plaintiffs' objections, played with cremated remains of former guest on Stern's show. The incident was played on Stern's radio and television shows. Appeals court allowed suit for intentional infliction of emotional distress to go forward against Howard Stern and other parties.
A tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for that emotional distress:
intentional infliction of emotional distress; e.g. "tort of outrage" (does not require any publication to a third party or physical contact between the plaintiff & defendant)
A tort that arises when a third party induces a contracting party to breach the contract with another party:
intentional interference with contractual relations
Under this implied covenant, the parties to a contract not only are held to the express terms of the contract but also are required to act in "good faith" and deal fairly in all respects in obtaining the objective of the contract:
covenant of good faith and fair dealing
What do most courts consider defamatory statements in radio and television broadcasts? Why?
These are considered libel b/c of the permanency of the media.
Describe what the plaintiff can get if a wrongdoer is guilty of misappropriation of the right to publicity.
The plaintiff can recover any unauthorized profits made by the wrongdoer, and may also obtain an injunction against further unauthorized use of name or identity.
What are the two types of causation that must be proven?
(1) causation in fact (actual cause)

(2) proximate cause (legal cause)
From what must the plaintiff suffer in order to recover monetary damages for a defendant's negligence?
The plaintiff must suffer personal injury or damage to his or her property.
A point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions:
proximate cause or legal cause
What are the 3 intentional torts against property?
(1) trespass to land
(2) trespass to personal property
(3) conversion of personal property
If Henry is accidentally tripped by Max while diving into a swimming pool, and breaks his leg in the fall into the pool, but is brain-injured by faulty medical treatment during his rescue, can he sue Max for his injuries?
Max will be liable under a negligence theory for the results of his own actions. However, he will not be liable for the faulty medical care during rescue.
How do courts decide whether a duty of care is owed in specific cases?
By applying a reasonable person standard (how would an objective, careful, and conscientious person have acted in the same circumstances) or a reasonable professional standard (where the defendant has a particular expertise or competence).
A tort that constitutes the violation of a person's right to live his or her life without being subjected to unwarranted and undesired publicity:
invasion of the right to privacy (Ex: reading someone else's mail, wiretapping, placing someone in "false light") **The fact does not have to be untrue.
A person who, for his or her own benefit, enters onto the premises, with the express or implied consent of the owner:
Licensee (e.g. an Avon representative, vacuum cleaner salseman)
Can public figures recover damages for defamation?
Not unless they can prove that the defendant acted with "actual malice."
In court, what 2 things must the plaintiff prove in order to prove defamation of character?
The plaintiff must prove that:
(1) the defendant made an UNTURE STATEMENT OF FACT about the plaintiff.
(2) the statement was intentionally or accidentally PUBLISHED to a third party.
Was Estrada entitled under the law to recover damages for negligent infliction of emotional distress in the Estrada v. Aeronaves de Mexico, S.A. case?
Yes - even though Estrada was missing one of the 3 elements needed to recover damages for negligent infliction of emotional distress (she wasn't present at the scene of injury), the court ruled that she had established the elements necessary b/c she arrived at home to see her house in flames.
Was the plaintiff (Cheong) allowed to receive damages even though there was an assumption of risk while he was skiing?
No - the court held that the doctrine of assumption of risk excluded recovery in this case b/c the defendant's conduct did not intentionally or recklessly injure the plaintiff during the skiing.
A breach of the duty of care may consist of what 2 elements?
1) An ACTION (throwing a lit match on the ground and causing a fire)
2) A FAILURE TO ACT WHEN THERE IS A DUTY TO ACT (a firefighter refusing to put out a fire)
What can Joe do if his neighbor fails to return the car that Joe let him borrow?
Joe can sue his neighbor for conversion of personal property
Suppose a couple hits a car on the way home from a wedding reception. The woman they hit has a broken arm. There was alcohol served at the reception but the husband, the driver, consumed none. Can the woman with the broken arm sue the host of the wedding
No; the social host liability rule only applies when alcohol is the cause of the injury, and the driver had none.
Explain the meaning of a wrongful death action.
If the victim of a tort dies, his or her beneficiaries can bring a wrongful death action to recover damages from the defendant.
To whom do landowners owe a duty of ordinary care?
They owe a duty of ordinary care to invitees and licensees, but generally do not to trespassers.
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