Intentional Torts
How many elements are in Defamation?
4 elements
1) false statement of material fact
2) made/published to a 3rd party
3) about or concerning another person
4) tends to harm another person's reputation
What word do we think of when talking about Negligence?
What is strict liability?
What is it is a theory that imposes legal responsibility for defendants whose actions are abnormally dangerous or involve dangerous animals. It is also imposed on defendants whose products are defective.
What do we say about damages in Slander (Libel) per se?
What is Damages are Presumed?
We presume damages because these types of statements could ruin someone's life.
Who has the a heightened duty of care and it is determined by the status of the ______?
What is the Premises Liability and it is determined by the status of the ______?
Professionals have a HEIGHTENED duty which is determined by the status of the DEFENDANT (the professional.)
Premises Liability is determined by the status of the PLANTIFF and as you go down the list (Unknown Trespasser, Known Trespasser, Invitee, and Patron), the duty of care INCREASES.
What are the elements of strict liability?
What is
1) defective condition // "breach"
2) in business of manufacturing or selling
3) unreasonably dangerous b/c of defect
4) PHYSICAL damages/harm/injury
An amazon brand called SKUMS, is known for selling "dupes" of the Kim Kardashian's famous brand, SKIMS. The company decided it'd be a great idea to use Ms. Kim K's face on their amazon products. What kind of intentional tort has occurred?
What is Privacy Tort --> Misappropriation of Image for Commercial Gain
When assessing the Breach of Duty, what standard does it fall under?
What is REASONABLE PERSON standard?
How many Causal Connections are in the elements of strict liability and where are they?
between 1) defective condition and 3) unreasonably dangerous b/c of defect and between 3) unreasonably dangerous b/c of defect and 4) PHYSICAL damage/harm/injury
Linda is a well-known real-estate agent in her small town. In fact, her face is on 12 park benches and 3 billboards in this town. Janice really can't stand Linda and tells a few people that she actually takes an unlawful amount of commission of the houses she sells and pays off the inspectors to get the houses sold. What must Linda prove if she wants to sue Janice?
What is ACTUAL MALICE?
Describe the Palsgraf Case and the actual and proximate causes.
What is the MANUFACTURER?
Mindy is an admirable manager and has a great reputation at her company. She never submits anything late, emails back immediately, super understanding, just a great gal. Josh can't stand Mind, absolutely hates her guts because she wouldn't go on a date with her. He starts telling everyone at work that she's actually a total idiot who lacks knowledge and skill and it's all a front. Can Mandy sue Josh?
What is NO, Josh is claiming Mindy is professionally INCOMPETENT.. NOT professional IMPROPRIETY
In the town of Dublin, GA lies the clean driving record of your SI Leader, Valerie (R.I.P.) The music was turned up to just about max volume driving on GA-16 going 98 in a 70(she was listening to August by Taylor Swift... iykyk.) If she was not pulled over and instead, she cut off a ROOMS TO GO semi-truck driver who was falling asleep. He lost control of the truck, causing the unfastened back doors on the trailer (that he was tooooo tired to lock shut) to fly open and all of the overpriced furniture to fly onto the highway causing a 10 car pileup. What is the actual and proximate cause?
Actual cause: Valerie listening to Taylor Swift and tokyo drifting down GA-16
Proximate cause: Sleepy Truck driver not fastening the doors properly
Savannah is a huge fan of animals. It's always been her dream to move out west and have her own pet Bison. Once she graduates college, she does exactly that. Unlike a normal person, Savannah decides the Bison will live in her house. She decides to have some friends over and out of the blue, the Bison gets spooked and starts bucking and running into everything. In the midst of the chaos, one of her friends is kicked by the bison. Could Savannah be held liable?
Yes, Savannah owns a dangerous animal.