Negligence
What is it called when someone had a job to do that they didn't do?
What is liability?
Someone is considered "liable" if it can be proven their conduct caused the harm of another.
Tort murder is called
Unjust Death
Kathleen, is in a record store. She quickly slips a record under her jacket and turns to leave the store. The security guard was watching her. As soon as she passes the cash register, he stops her, before she leaves the store. The manager calls the police and keeps Kathleen in his office until they come.
No false imprisonment. It would be false imprisonment to detain Annette for an unreasonable period of time.
The defendant’s dog known to have a propensity to bite, bit the plaintiff after the defendant’s servant mischievously let the dog loose.
Liability. The owner of the dog is still liable even though a third-party let the dog loose.
What are the 4 elements of Negligence
Duty, Breach, Causation, Damages
What are Punitive Damages?
Money charged beyond the point of simple recovery. Meant to punish the offender.
Tort Theft is called
Conversion
Baxter purchased an automobile from Ford that they claimed was equipped with a windshield that was shatterproof. Baxter was later injured when the windshield shattered.
Liability. Product did not function as advertised
Greg punched Jess in the nose after Jess snuck up on him dressed as the grim reaper
Not liable. That is considered a provocation / self defense. He perceived he was in real danger
What are the 2 levels of Causation? (bonus if you can tell me the difference)
Cause In Fact and Proximate Cause
Cause in fact- The breach of duty was DEFINITELY the main cause.
Proximate Cause- It wasn't the main cause, but the problem still could have been foreseen
How do defendants typically defend themselves from Liability charges?
Shift the blame
What is the name of the tort where someone is unlawfully confined
False Imprisonment
As a joke, Annette removes the bullets from her father’s revolver; takes the gun outside, and points it at the head of her neighbor, Mrs. Joiner. Mrs. Joiner suffers from serious heart disease has a stroke and dies instantly.
Assault. The fact that the harm is greater than expected is no defense.
Mr. Smith works the 11:00pm to 7:00am shift at the factory and then comes home to sleep. On his way to school, James walks by Mr. Smith's house every week-day at 8:30am with his backseat subwoofers blaring. The loud music awakens Mr. Smith.
Nuisance. James can be fined for this offense since it is a regular occurrence. (local laws may vary)
What are 3 things that can be paid for as damages in a negligence case?
Medical bills, Lost wages, Value of property lost, Pain and suffering, Emotional damage, Loss of consortium (lost of a loved one)
What is Superseding Cause in Liability defense?
Proving that the fault of a product or action was NOT the cause of the harm in question. (Stepping on someone's foot doesn't break their arm)
Libel
Sandy, 17, throws a snowball at a friend on a crowded street corner. The snowball missed the friend but hits an elderly man who falls to the ground and is injured.
Battery
Wells left his golf club lying on the ground in his backyard. While playing in the yard, Wells’ son swung the club hitting and injuring Lubitz
NOT liable. Ruled an accident. Conduct that usually presents no danger is not unreasonable and hence presents no danger
Which of the 2 types of Negligence does South Carolina use? (on Negligence Defenses)
Contributory Negligence. No damages can be claimed if the injured person is more than 50% at fault
What is Strict Liability?
Liability without fault. Someone was doing something so dangerous and reckless that someone was bound to get hurt even if maximum care was taken.
How can someone be found guilty of Unjust Death and not guilty of Murder?
Burden of Proof. Only need to be more than 50% sure for Unjust Death while murder is "beyond a reasonable doubt"
Williams was severely burned when the battery in his phone overheated while charging and burst into flames.
Liability / Faulty Product. Even if its unlikely, one may be negligent if there is some real and appreciable likelihood of damage
Mary Murray sued Wal-Mart, claiming she was unreasonably detained by the store’s employees who suspected her of shoplifting. The plaintiff claims profane and racially derogatory comments were directed to her by the manager in front of her daughter, grandchildren, and the general public. As a result of this humiliation, she acquired a nervous condition.
Intentional infliction of emotional distress. Mary also received $15,000 in actual damages for medical attention, $10,000 in punitive damages, and $7,850 in attorney fees.