LES305 Exam Study Guide With Verified Solutions.
LES305 Exam Study Guide With Verified Solutions. Tort - answertortus- crooked, dubious, twisted. Some type of interference with someone or someones property that results in insert to persons or property Examples of tort - answertrespassing, littering What is the aim of tort - answerrecover costs of restoring the damage Tort vs crime - answertort is a private wrong. With tort, the party who was injured is entitled to collect compensation for the damages from the wrongdoer for the private wrong. Crime is public and wrongdoer must pay debt to society intentional tort - answerdeliberate action- battery negligance tort - answeraccidental tort strict tort liability - answeryou are responsible no matter what?, product liability... company can be heard liable for injuries when a customer misuses product from not enough warnings defamation - answeran true statement made by one party or another about a third party. slander is verbal, libel is written elements of defamation: 1. a statement about a persons reputation, honesty, or integrity, that is untrue 2. publication 3. a statement that is directed at a particular person 4. damages 5. in some cases, proof of malice Grand resort Hotel v TripAdvisor LLC - answer Privilege speech - answerstrong public interest supports protecting the speech regardless of whether it is true. eg, speaking in court, a town meeting, police office absolute privilege - answera defense to defamation- can say what they want quantified privilege - answerprovide limited liability for defamation- whistle blowers, made in good faith, verification is critical contract interference - answertort where parties are not allowed the freedom to contract without interference from third parties tortious interference with contracts - answertort where parties are not allowed the freedom to contract without interference from third parties tortus interference - answersomeone intentionally persuades another to break a contract already in existence false imprisonment - answerdetention of a person for any period of time- such as if someone shoplifts Shopkeeper's Privilege - answerright of a store owner to detain a suspected shoplifter based on reasonable cause and for a reasonable time without resulting liability for false imprisonment intentional infliction of emotional distress - answerdebtors who were harassed by creditors intrusion into plaintiffs private affairs - answerstalkers photographing 3 torts invasion of privacy - answer1. intrusion into the Plaintiff's Private affairs 2.Public Disclosue of private facts 3.Appropriation of Another's name, likeness, or image for commercial advantage Bullard v MRA Holdings - answer-14 year old exposed herself to two men video taping her, ended upon girls gone wild. They did not obtain her permission. She sued two types of negligence - answer-contributory negligence -comperative negligence Contributory negligence - answerperson may not recover damages if the injury they suffered is even partly their fault- gets struck by a car while j walking and talking on her phone Comparative negligence - answer-pure comparative negligence- person may not recover damages for option of injury that was their fault. If you are 10% -modified comparative negligence- person may not recover any damages if they are at least 51% responsible for their injury Do we have the duty to act like an ordinary and reasonably prudent person? - answeryes, we must exercise a level of care that requires an examination of all conditions and circumstances surrounding the event that lead to an injury
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