DEFENSES TO NEGLIGENCE
PREMISES LIABILITY
INTENTIONAL TORTS PART I
INTENTIONAL TORTS PART II
BUSINESS RELATED TORTS
100
This doctrine prohibits plaintiff from recovering any amount of damage that she could have avoided if she had exercised reasonable care after suffering an injury
Doctrine of Avoidable consequences
100
This is the name for a person who has the most superior rights to real property
Owner
100
An act that is intended to cause and actually does cause an imminent fear of contact in the mind of another
Assault
100
This is another term for "personal property"
Chattel
100
Intentional misrepresentation that plaintiff reasonably relies upon which causes economic harm to plaintiff
Fraud
200
This defense to negligence does not bar plaintiff's recovery completely but it does reduce the plaintiff's damage award by the amount of plaintiff's own fault
Comparative negligence
200
According to the fireman's rule, police officers who enter property under authority of law are: invitees / licensees / trespassers
licensees
200
This is an oral defamatory statement that is communicated to another
Slander
200
Disclosure of information with the intent to harm plaintiff and which results in harm to public's perception of plaintiff
Defamation
200
Involves making a false statement about the ownership or title of land which results in harm to the actual property owner
Disparagement of title (aka slander of title)
300
This defense to negligence involves the plaintiff's breach of duty of care to protect self from harm and is a complete bar to plaintiff's recovery
Contributory negligence
300
This is the name of the person who sells real property
Vendor
300
Use of plaintiff's name or likeness without permission to gain some economic advantage
Appropriation
300
This is a substantial and unreasonable interference with another's use and enjoyment of property
Nuisance
300
Type of law aimed at encouraging employees to speak up about their employer's legal violations without the fear of losing their job
Whistleblower laws
400
This defense to negligence involves a voluntary assumption of a known risk with full knowledge of the danger inherent in the risk
Assumption of risk
400
Social guests are considered: invitees / licensees / trespassers
Licensees
400
This privilege allows a business to detain suspected shoplifters until the police arrive
Shopkeepers privilege
400
Intentionally cause psychological harm to plaintiff by engaging in outrageous conduct
IIED
400
Termination of an employment relationship by the employer for some reason that violates laws designed to advance social policy
Wrongful termination/discharge
500
This type of consent exists where plaintiff shows acceptance of a risk simply by engaging in dangerous conduct
Implied consent
500
This literally means "buyer beware"
Caveat emptor
500
Defense to battery
Consent
500
Intentional restraint of another's freedom
False Imprisonment
500
Occurs when defendant intentionally fails to honor contractual agreement - goes beyond a simple breach and suggests that defendant never intended to honor the contract
Bad faith breach of contract