Intro to Torts
Who was Harry Clarke?
The lorry driver who crashed into people Xmas shopping killing 6.
What are intentional torts?
- you wanted to cause harm to another or property.
What is the definition of "negligence"?
behaviour/actions that fall below the required standard. ie. reasonable care must be taken at all times.
Name one type of dog that is banned in the UK
Pit Bull Terrier
Japanese Tosa
Dogo Argentino
Fila Brasileiro
What is the name of the 2 sides involved in a civil lawsuit?
plaintiff
defendant
What are the 2 forms of defamation?
- libel
- slander
What do Good Samaritan Laws do?
- protect those who endanger themselves against prosecution.
- In most cases the helper (samaritan) can not be sued if they injurded the person more by rescuing them.
What are the 2 elements that you have to prove for strict liability?
- causation
- damage
Explain the following words: remedy, recover damages
remedy= solution, right a wrong
recover damages = get compensation
Give 3 examples of intentional torts
- nuisance
- trespass
- conversion
- defamation
Who was Stella Liebeck? Give a discription of the main points of her case.
The old lady that sued McDonalds.
-coffee was far hotter than any other take away coffee.
- Hundreds of people burnt themselves and M did not change anything.
What defences are there for strict liability?
- consumer ignores clear safety warnings
-consumer misuses the product
- the particular danger is widely known
What are the 2 types of damages? Explain them.
compensatory
punitive
Name 3 types of property.
intellectual, personal, real
Name 2 defenses against neglience torts.
Assumption of the risk
comparative negligence
What has been the trend with dog bites in the UK since the lockdown? What measures could you introduce to prevent dogs biting?
- They increased dramatically
- mandatory training for owners and dogs
- mandatory for dogs to have muzzles in public
- make dog owners insure themselves so compensation is easier to get for victims.
Who was Jeffery Wigand and why was the information he gave so important?
He was a whistleblower and the information he leaked showed that the tabacco industry did things to cigarettes to make them more adictive and harmful.
What things are included under intellectual property?
patents, trademarks, copyright
What are the 4 elements of a negliegence tort?
duty
breach of duty
causation
damage
What 3 things are included under strict liability?
- dangerous activities
- dangerous animals
- defective products