question
How often does the law of torts change?
answer
rapidly/always
question
Which body determines the common law?
answer
the courts
question
What is the doctrine of respondeat superior?
answer
"let the master answer", the master is liable for the wrongful actions of the servant
question
What is the tort of negligence?
answer
failure to do what a reasonable person would do under the same circumstances
question
What elements are required to demonstrate the tort of negligence?
answer
-duty of care owed to injured party
-breach of duty of care
-breach caused person's injury
-damage to plaintiff's person or property
-breach of duty of care
-breach caused person's injury
-damage to plaintiff's person or property
question
Can a defendant be fined or imprisoned for committing the tort of negligence?
answer
no, there are compensatory and punitive damages
question
What is the reasonable person test?
answer
the standard which one must observe to avoid liability for negligence, how one should behave
question
Is intention to harm or willful misconduct required for conduct to be considered negligent?
answer
no
question
Who is the foreseeable plaintiff?
answer
those individuals who are within the zone of danger of defendant's negligent conduct
question
What was the outcome in the Palsgraf v. Long Island Railroad case?
answer
It was decided that the railroad isn't liable because no reasonable person would be able to tell that the package would cause that damage
question
What does proximate cause mean?
answer
the action of the defendant that produced the plaintiff's injuries
question
What does res ipsa loquitur mean?
answer
"the thing speaks for itself"
question
What was the outcome in the Squish La Fish v. Thomco Specialty Products case?
answer
The district court sided with Thomco initially due to Squish not being a directly foreseeable person to receive false information. Appellate court reversed and remanded the decision, as Squish fell under the indirect negligent misrepresentation rule.
question
What is the defense of assumption of risk?
answer
plaintiff voluntarily assumes a known risk of harm.
defendant mist prove the plaintiff
1. Knew of the risk associated with an activity
2. Agreed voluntarily to assume that risk
defendant mist prove the plaintiff
1. Knew of the risk associated with an activity
2. Agreed voluntarily to assume that risk
question
Can a plaintiff recover damages under the defense of contributory negligence if he was partly responsible for the injury or harm?
answer
if they are found somewhat liable, no
question
Can a plaintiff recover damages under the defense of comparative negligence if she was partly responsible for the injury or harm?
answer
yes, however it is reduced based on how liability is shared
question
What are the elements necessary to prove an intentional tort?
answer
-acts by defendant must be necessary
-knew or should have known possible consequences
-causation
-knew or should have known possible consequences
-causation
question
What is required to constitute the tort of assault? Is contact required?
answer
-Act that creates reasonable apprehension of immediate harmful or offense touching objective standard
-Contact is not required
-Contact is not required
question
What is required for battery?
answer
harmful or offensive contact
question
Must assault and battery occur at the same time?
answer
no but they can
question
What was the outcome in the Fuerschbach v. Southwest Airlines case?
answer
the officers at southwest intended ro cause offensive contact
question
What is intentional infliction of emotional distress?
answer
conduct that is so outrageous that it creates severe mental or emotional distress in another person
question
What was the outcome in the White v. Monsanto Company case?
answer
the jury found the employer and the supervisor liable for intentional infliction of emotional distress, awarding the employee damages
question
What is required to demonstrate the tort of false imprisonment?
answer
-act that confines/restrains person to bounded area
-time period irrelevant
-resistance not required
-must know of confinement
-time period irrelevant
-resistance not required
-must know of confinement
question
What should a business consider when implementing a policy for detaining suspected shoplifters?
answer
loss of product maybe less costly than court fines
question
What is the tort of invasion of privacy?
answer
protects a person's right to solitude and to be free from unwanted intrusion into their affairs
question
What actions constitute the tort of invasion of privacy?
answer
-use of person's name/picture without permission
-intrusion into solitude
-placing plaintiff in false light
-publication of private facts
-intrusion into solitude
-placing plaintiff in false light
-publication of private facts
question
What are the elements necessary to prove defamation?
answer
-false statement
-publishing/communicating statement to third party
-causing harm
-publishing/communicating statement to third party
-causing harm
question
What is the difference between the torts of slander and libel?
answer
slander- spoken
libel- printed or written
libel- printed or written
question
What is workplace defamation? Is it possible to avoid liability when sharing negative information about former employees?
answer
former employer communicates false information about former employee that keeps them from getting a job
question
What is the tort of strict liability?
answer
Liability without fault, absolute duty of care, ultra-hazardous or abnormally dangerous activates
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