MGMT 200 > Torts > Flashcards

Torts Flashcards

Elements of torts and property related torts (87 cards)

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1
Q

Tort

A

civil wrong by intentional or unintentional conduct that injures another person

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2
Q

Three groups of torts

A

1) negligence 2) intentional 3) strict liability

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3
Q

Negligence torts

A

protect people from harm from others’ unintentional but legally careless conduct

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4
Q

Due care/ordinary care

A

wrongdoer owed the injured party a duty (teachers have higher duty of care)

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5
Q

Negligent tort elements

A

1) wrongdoer owed a due care to injured party, 2) duty of care was breached, 3) connection exists between negligent conduct and resulting harm (causation), 4) injured party suffered actual harm

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6
Q

Negligence per se

A

violation of statue or ordinance (car accidents)

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7
Q

Professional liability

A

malpractice (determined based on locality, ex: doctor in seattle vs spokane)

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8
Q

Premesis liability

A

holds property owners legally responsible for injuries caused by dangerous conditions on their premises, duty of care determined by how visitors and host are classified

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9
Q

Premesis liability rules

A

duty to warn trespassers of man-made dangers, not natural ones and must take steps to protect children

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10
Q

Invitees

A

people on your property by invitation, highest duty of care

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11
Q

Omission

A

failure to act

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12
Q

Gross negligence

A

negligence based on a conscious disregard for the need to use reasonable care

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13
Q

Reasonable person

A

ordinary or due care measured against the conduct of a hypothetical person

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14
Q

Causation

A

act must have been the cause of another’s injury

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15
Q

Res ipsa loquitur

A

“the thing speaks for itself” (accident has to have happened by negligence) prevents defendant from winning a tort case early

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16
Q

Cause in fact

A

established by evidence showing that defendant’s action is the cause of an injury that wouldn’t have occurred otherwise

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17
Q

Sine qua non

A

“but for “ rule, injury would not have occurred but for the conduct of the party accused

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18
Q

Proximate cause test

A

the true cause is predictable or follows a natural continuous sequence, or the consequences were foreseeable

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19
Q

Social policy

A

we don’t hold people liable for unpredictable and unexpected consequences of actions

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20
Q

Substantial factor test

A

if the defendant’s conduct was a significant factor to the plaintiff’s harm

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21
Q

Superseding cause

A

if the intervening conduct is unforeseeable, defendant not liable

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22
Q

Danger-invites-rescue doctrine

A

common law holds negligent party responsible for the losses suffered by those who attempt to save people who are in danger

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23
Q

Good samaritans

A

provides protection to those who injured somebody while acting as a reasonable person would

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24
Q

Assumption of risk

A

injured party who voluntarily assumed the risk of harm arising from negligent action may not be allowed to recover compensation for such harm

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25
Exculpatory clause (liability waiver)
relieves one party from legal liability
26
Contributory negligence
older rule: plaintiff will have a hard or impossible time recovering damages if they are shown to be even a little bit at fault
27
Comparative negligence
common rule: allows plaintiff a % of damage recovery based on how much at fault they were
28
Intentional torts
where one person intentionally injures another where a reasonable person would've known of the harmful consequences
29
Tortfeasors
persons who commit torts (defendants)
30
Assault
intentional conduct directed at a person that places the person in fear of immediate bodily harm or offensive conduct
31
Battery
unlawful touching, intentional physical contact without consent
32
Consent
occurs when injured party gave permission to the wrongdoer to interfere with a personal right
33
Privilege
gives immunity from liability
34
Self-defense
privilege based on the need to allow people who are attacked to take steps to protect themselves
35
Subjective self-defense test
asses things based on what defendant know at the time he acted
36
Objective self-defense test
whether the force was reasonable in light of danger
37
False imprisonment
intentional holding, detaining, or confining of a person that violates their freedom of movement (wrongful arrest)
38
Mental distress/emotional distress
involves conduct so outrageous that it creates severe mental distress in a person
39
Mental distress/emotional distress test
1) extreme/outrageous conduct or reckless disregard, 2) victim is injured, 3) actual and proximate causation
40
Invasion of privacy
1) use of a person's name or picture without permission, 2) intrusion into a person's solitude (hacking), 3) placing person in false light, 4) public exposure of facts that are private in nature
41
Missappropriation in the press
using person's likeness without permission (celebrity lookalikes)
42
Defamation
intentional false communication that injures a person's reputation or good name
43
Slander
spoken defamation
44
Libel
written defamation
45
Defamation per se
presumed by law to be harmful to the person, requires no proof or harm or injury (rape allegations)
46
Suing press, different parties
public figures have less protection than private figures
47
Absolute privilege
doctrine that provides immunity from defamation in certain situations (courtrooms)
48
Conditional/qualified privilege
eliminates liability when the false statement was published in good faith and proper motives
49
Constitutional privilege
protects members of the press who public "opinion" material about public officials, figures, etc
50
Actual malice
false statement was made with reckless disregard of the truth, constitutional privilege lost
51
Trespass
unauthorized intrusion by a person or thing on land belonging to another
52
Private nuisance
activity that substantially interferes with the use and enjoyment of someone's land (neighbors dog barking)
53
Public nuisance
unreasonable interference with a right held in common by the general public (factory fumes)
54
Conversion
intentional and unlawful control or appropriation of the personal property of another
55
Misappropriation in property
unauthorized or unlawful use of funds or another property for purposes other than those that are intended
56
Fraud
breach of contract of other tort issue
57
Intentional missrepresentation in fraud
more serious charge of fraud
58
Test to establish fraud or intentional missrepresentation
1) misstatement of a material fact, 2) must be scienter or intent to defraud, 3) seller must know statement they're making is false, 4) recipient of false information must rely on it to make a decision, 5) must be privity, 6) there must be causation, 7) must be damages caused by fraud
59
Scienter
court finds that the defendant knew there was something wrong
60
Privity
parties in a relationship that creates a legal obligation
61
Business tort elements
1) existence of a valid enforceable contract, 2) defendant's knowledge of contract, 3) defendant's intentional act of the breach of contract, 4) absence of justification, 5) damages
62
Interference with prospective advantage
wrongful disruption of a business relationship or expectation of future profit
63
Product liability
concerns liability that producers and sellers of goods have to those injured by their products
64
Privity of contract
relationship that exists between contractual relationship (used to focus on protecting manufactures)
65
Caveat emptor
"let the buyer beware", buyer is responsible for quality checking, took the risk that a product was safe
66
Reasonable care in manufacturing
manufacturer required to exercise in the production of it's product (reveal defects)
67
Strict liability in contract law
hold manufacturers liable to consumers injured by defective products
68
Warranty
manufacturers assurance that a product will meet certain quality and performance standards
69
Express warranty
when manufacturer provides performance promises to consumer so they are part of the contract for sale
70
Implied warranty
when law inserts quality standards into the relationship regardless of formal contract terms
71
Missrepresentation
false statement of fact, basis of strict liability in tort
72
Strict liability torts in manufacturing
1) construction defects and 2) breach of warranty (product didn't conform to warranty)
73
Risk utility torts in manufacturing
1) design defects and 2) inadequate warnings
74
Risk utility
balancing test of risk and utility of a product
75
Retailer and wholesaler liability
negligence of product seller, breach of express warranty, intentional misrepresentation of facts by product seller
76
Strict liability in torts
wild animals
77
Special damages
out of pocket damages: lost wages, medical bills
78
General damages
includes pain and suffering and mental distress
79
Punitive damages
punishes tortfeasor by allowing extra damages, cannot exceed 10x compensatory damages, and never awarded in contract cases
80
Failure to warn
when manufacturer knows of a danger caused by products use that could be prevented with a warning
81
Design defect
focus on determination of whether injury to users could've been prevented by designing product differently
82
Unknown hazards
dangers that were not know or fully appreciated at the time
83
Joint and several liability
when it's not clear which manufacturer is responsible for defective product, manufacturer's fight it out for the % of damages they each owe
84
Statute of repose
limits time period for which a tort can be brought by looking back to when product was purchased by consumer
85
State of the art
manufacturer may show that at the time the product was produced it was reasonable given scientific evidence
86
Statutory limits on liability
1) workers compensation, 2) federal regulations around radiation levels, 3) government contracted manufacturers, 4) products that must follow regulations
87
Ultra hazardous activity
necessarily involves risk of a serious harm to the person or land (explosive blasting)
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