Torts1
Type of tort which involves one who is involved with abnormally dangerous activities and can be responsible for the harmful consequences
Abnormally Dangerous Activities (Strict Liability)
Hi Interfering with someone’s reputation, property or person on purpose. It involves willful misconduct or can be when a person has no conscious desire to cause the consequences, but is aware that the consequences are highly likely to follow. Which try of tort is this?
Intentional Tort
Remedy
What is the failure to exercise reasonable care?
Negligence
Name 3 reasons for tort law
Dryer people
From engaging in behaviors that the law does not condone
Compensate victims them for their civil injuries
Shifts the cost of injuries to another party
When one person acts four or represents another by the principle’s authority, to accomplish the principle’s end
Generally not in the scope of their employer is they are going to or from work, employee is acting on their own
Imputed Negligence (Negligence)
This type of tort depends on the nature of the product. It depends on the defendant’s failure to warn however some warnings are unnecessary bc they are obvious (ie guns).
Duty to Warn
This occurs when the plaintiff has knowledge of risk, and made the free choice to expose themselves to it
Assumption of risk
A person who has been injured based on manufacturing, design or warning defects
Strict Liability & Product Liability
This type of negligence requires an individual to prove a reasonable connection between the negligent act of the defendant and the damages to the plaintiff. There must be causation, and it must be foreseeable.
Proximate care
When a person has filed a groundless complaint against a target that results in that targets criminal prosecution
Malicious prosecution
This type of negligence involves a professional breach of duty
Malpractice
All states have this caveat for severe injuries
When a person is injuries the injured party is covered by their own insurance to the ceiling of their policy
Modified no-fault liability status (negligence)
Can occur when there is a determination needed to compare the roles of negligence by the defendant and plaintiff to establish the total damages. Each party has the potential to be responsible for a percentage of the damage.
Comparative negligence
A person who commits a tort
Tortfeaser
Occurs when somebody makes an unauthorized entry to property
Trespass to land
This tort can occur when there is an unprivileged intentional, but unpermitted contact with another individual
Battery
This type of tort target, a persons fear, but may not result in a physical contact with them
Assault
Law permits jurors to infer a fact even though there is no direct proof. Requires that the defendant had control over the allegedly defective product during manufacturing, recognizes that under normal circumstances the plaintiff would not have been injured, and supports that the plaintiff’s conduct did not contribute significantly to the accident.
Negligence and product liability
This type of tort occurs when a defendant is serious in nature, and causes English to the plaintiffs mind. Once upon a time this had to be attached to another tort however, it is now a standalone.
Infliction of emotional distress
Please explain the difference in libel and slander
Libel involves print writing signs, pictures, TV, or radio
Slander involves spoken words, heard by somebody other than the target
There could be no actionable negligence without legal duty. Duty is imposed when there is a special relationship and a responsibility to help make decisions in good faith, and a reasonable and prudent manner.
Duty of care
This type of tort intentionally makes malicious statements to injure a Target, character, fame, or reputation
Defamation
This may involve publicity that place is the defendant in a false light, intrudes into their private life, discloses, embarrassing, private, ask or uses their name or likeness for the defendants gain
Invasion of privacy
You owe a duty to no one but yourself and people you have a special relationship with. This means that there is a different threshold for a licensee versus a trespasser.
Liability rules for specialized activities