WRONG!
a violation of a duty imposed by civil law
TORT
In this case, the court held that the plaintiff made a valid claim for intentional infliction of emotional distress because the plaintiff was subjected to severe indignity, humiliation, and torment over a substantial period of time, and people who were in a position to do something about it, did nothing.
TURLEY V. ISG LACKAWANNA, INC.
Each of us has a duty to behave as a ___________ would under the circumstances.
REASONABLE PERSON
This is the money intended to restore a plaintiff to the position they were in before the injury.
COMPENSATORY DAMAGES
This requires a lawsuit be brought within a specific time period.
This places an absolute limit on when a lawsuit may be filed.
STATUTE OF LIMITATIONS
STATUTE OF REPOSE
this is a tort that involves false statements that harm someone's reputation
DEFAMATION
In this case, the court said that franchisees' claims did not show extreme pressure, but rather legitimate persuasion, so the franchisees did not prove tortious interference with a prospective advantage.
CARVEL V. NOONAN
TRESPASSER
INTENTIONALLY INJURING THE PERSON OR OTHER GROSS MISCONDUCT
This theory requires a court to settle the matter once and for all by awarding a lump sum for past and future damages.
SINGLE RECOVERY PRINCIPLE
I'm walking down the street with my favorite pet tiger, who I have cared for diligently and who I have socialized with pets and people. Unfortunately, he had a bad day and bit my neighbor's face, causing a lot of damage. It was just one bite, though, and I'm so reasonable. What happens?
NEIGHBOR LIKELY WINS BECAUSE DEFENDANTS ARE ALMOST ALWAYS LIABLE FOR ENGAGING IN ULTRAHAZARDOUS ACTIVITIES.
In this type of case, the law is willing to assume injury without requiring the plaintiff to prove it.
LIBEL PER SE or SLANDER PER SE
This is the legal rule from NYT v. Sullivan
A PUBLIC OFFICIAL CAN WIN A DEFAMATION CLAIM ONLY BY PROVING THE DEFENDANT'S ACTUAL MALICE.
These are all of the elements a plaintiff must prove in a negligence case.
DUTY
BREACH OF DUTY
CAUSATION (FACTUAL CAUSE + PROXIMATE CAUSE)
DAMAGES
Punitive damages are intended to do what?
PUNISH THE DEFENDANT FOR CONDUCT THAT IS EXTREME AND OUTRAGEOUS
In this case, the court explained that riding as a passenger on a jet ski constitutes participating in a sport, so when the plaintiff participated in that activity, she assumed the risk.
TRUONG v. NGUYEN
Hey! I, Dom, was already Bob's sports agent when you, Joe, came and stole him from me. We had a written contract and everything, and you knew it, Joe!
In this scenario, Dom should file what kind of claim against Joe?
TORTIOUS INTERFERENCE WITH A CONTRACT
BMW v. GORE
When a legislature sets a minimum standard of care for a particular activity, in order to protect a certain group of people, and a violation of the statute injures a member of that group, the defendant has committed this tort.
In this case, the court did not establish a bright line rule to calculate punitive damages but explained that the measure of punishment must be reasonable and proportionate to the amount of harm to the plaintiff and the general damages recovered.
STATE FARM V. CAMPBELL
In a contributory negligence state, if the jury said Plaintiff was 40% negligent, and Defendant was 60% negligent, and damages were $1 million, how much money would Plaintiff recover?
ZERO
Name 3 torts and a case that deals with that specific tort.
defamation - NYT v. Sullivan
intention infliction of emotional distress - Turley
tortious interference with prospective relations - Carvel
In this case, the court established a university's duty of care for students. Name the case and the specific duty
COLLEGES OWE A DUTY TO USE REASONABLE CARE TO PROTECT THEIR STUDENTS FROM FORESEEABLE ACTS OF VIOLENCE IN THE CLASSROOM OR DURING CURRICULAR ACTIVITIES
In a comparative negligence state, if the jury decides the Plaintiff is 40% at fault, and the Defendant is 60% at fault, and the total damages are $1 million, how much money will the Plaintiff recover?
These are the three cases we discussed in class that focus on punitive damages.
STATE FARM v. CAMPBELL
BOEKEN v. PHILIP MORRIS
I'm walking across an area that I think is parkland (turns out it's a private farm), and throw a ball at Josh, who is cringing in fear, and hit Josh with the ball. Josh's reaction really annoyed me so I decided to handcuff him to me for the rest of the day and then take his car for a few joy rides before bringing him back to the park and saying "see ya later, josh!"
Any potential tort claims here?
TRESPASS
ASSAULT
BATTERY
FALSE IMPRISONMENT
CONVERSION