Plaintiff must prove: 1. actual or implied intent, 2. a voluntary act, 3. causation, and 4. injury or harm for
What is Intentional Torts
100
Does not iclude the element of intent
What is Negligence
100
Company held liable where employee was harassed by manager. When she complained she was told to try not to think about it
What is Ford v. Revlon
100
Without either intent or negligence liabilty is established
What is strict liability
100
professional negligence
What is malpractice
200
Will need to prove: 1. intentional (voluntary act), 2. nonconsenual, 3. harmful, and 4. offensive contact for this
What is Battery
200
Required standard of care
What is legal duty
200
Company was not liable where the statement made against an astronomer was figurative and not a statement of fact
What is Sagan v. Apple Computer Inc.
200
Invokes risk of serious harm that cannot be eliminate by the exercise of the utmost care
What is Ultrahazardous
200
This approach requires three elements to prove negligent misrepresentation against an account where there is no contractual relationship
What is privity approach
300
Plaintiff will need to prove 1. intentional, 2. nonconsensual confinement by physical barriers, 2. by physical force or threats of force for this tort, but the Plaintiff must know he/she was confined or suffered harm
What is Fa;se Imprisonment
300
A special relationship between two people may create
What is a duty to rescue
300
Reporters used false resume to obtain a job and videotaped unsanitary practices. The company sued for trespass. Court found that the employees/reporters breached their duty of loyalty, thereby comitted trespass
What is Food Lion Inc. v. Capital Cities/ABC, Inc.
300
Evidence of due care would prevent an award of
What is punitive damages
300
Professionals are liable to the client and 3rd parties who are foreseen to rely on intentional misrepresentations where this is committed
What is Fraud
400
Must show outrageous conduct, severe emotional suffering, intent to cause or reckless disregard of the probability of causing emotional distress, and actual and legal causation to prove
What is Intentional Infliction of Emotional Distress
400
Landlords have a duty to protect tenants from these foreseeable acts
What is criminal acts
400
Family of vicitims brough suit against manufacturers for 3rd party's act of shooting and injuring innocent persons. Court found that state law claims against manufacturer was not preempted by Federal law because the manufacturer was not federally licensed. Plaintiff alleged liability under state statute where federal law would otherwise preempt the manufacturer from liability
What is IIeto v. Glock
400
Doctrine that holds business purchasers liable
What is successor liability
400
Upheld negligent misrepresentation actions against investment bankers on this basis
What is foreseeability
500
Requires proof that the defendant either intentionally misled the plaintiff by making a material misrepresentation oof fact on which the plaintiff relied or omitted to state a material fact when the defendant had a duty to speak because of a special relationship with the plaintiff
What is Fraudulent Misrepresentation
500
Once it is determined that the defendant owed the plaintiff a duty this must be assessed
What is breach of duty
500
Employee attacked by guard dog on employers premises sued under thre theories of liability. Court found that the company had a duty to adequately warn
What is Labaj v. Vanhouten
500
May collect the judgment from either defendant once the court determines that the defendants are liable
What is joint and several liability
500
To protect lawyers from meritless claims, many courts strictly interpret the common law elements of aiding and abetting this