Law 3220 Exam 2 Clemson | questions and p p p p p p p
answers | RATED A+
p p p p
Tort Law p breach of duty of care to someone else and it causes them
p p p p p p p p p p p
injury Negligence based tort law
p p Must show: p p p p
- that the person who committed the tort owed a duty of care to the other person
p p p p p p p p p p p p p p p
- have to show the duty of care was breached
p p p p p p p p
- Show that you suffered injury/damages
p p p p
- show that there was a causal connection between negligent person's actions and your
p p p p p p p p p p p p
actions Causal connection (3 types)
p p p p p Actual cause, proximate cause, and superseding
p p p p p
cause
p
Actual cause "cause in fact"; someone walks up to you and punches you in the face; no dispute
p p p p p p p p p p p p p p p p
Proximate cause We are going to limit tort liability to consequences that are
p p p p p p p p p p p
foreseeable likely to occur based upon the actions
p p p p p p p p
EX: Construction company is digging a trench at a work site, don't leave any signs,
p p p p p p p p p p p p p p
someone walks into it at night and gets injured
p p p p p p p p p
Superseding Cause Intervening conduct; cuts off the liability; someone else is more liable
p p p p p p p p p p p
than the negligent person
p p p p
Defenses to negligence based torts Assumption of risk, comparative negligence, liability
p p p p p p p p p
waiver
p
Assumption of risk You assume the risk of being there, you were made aware the of
p p p p p p p p p p p p p p
the potential dangers and you still agreed to go; cannot receive damages
p p p p p p p p p p p p
Comparative negligence Court determines that the injured party was somewhat
p p p p p p p p
negligent; the damages are reduced
p p p p p
Liability waiver Only affective against negligence based-torts; to be affective, the
p p p p p p p p p
liability language has to be clear, in writing, and all parties must have signed the waiver
p p p p p p p p p p p p p p p p
Categories of tort p p Assault and battery p p
Assault No physical contact is required; to be in fear of immediate bodily harm; threat p p p p p p p p p p p p p
of being harmed
p p p
BatteryActual unlawful contact with your person; unauthorized contact; someone actual
p p p p p p p p p
comes up and hits you in the face
p p p p p p p p
Potential Defenses for Assault and Battery (3)
p p p p p p Consent, privilege, self-defense p p
, Consent You agree to normal contact associated with those activities
p p p p p p p p
Privilege Not guilty to trespassing for being on their property if you are going to
p p p p p p p p p p p p p
help someone
p p
Self-defense match their force with equal force; not excessive force
p p p p p p p p
False Arrest p Police detaining or holding you without your consent in an unreasonable
p p p p p p p p p p
manner False imprisonment
p p p Detained suspected shoplifters in an unreasonable manner p p p p p p
Infliction of emotional distress Outrageous or severe conduct likely to inflict
p p p p p p p p p
severe emotional or mental distress in most people
p p p p p p p p
Invasion of privacy We expect that our private life will remain private; use your name or
p p p p p p p p p p p p p p
pphoto without your permission; publicize anything about your life that you do not want
p p p p p p p p p p p p p
shown; not something that is already public!!!; hard for professionals/celebrities to win an
p p p p p p p p p p p p p
pinvasion of privacy case p p p
Defamation Slander, libel defamation per se; Have to show that you communicated p p p p p p p p p p
FALSE info to a third part and it caused them harm or damage
p p p p p p p p p p p p p
Slander Verbally make a false statement; verbal defamation
p p p p p p
p Libel Written defamation or sent in an email p p p p p p
Defamation per se Very harsh!! Certain false statements if you say them about
p p p p p p p p p p p
someone,we know it will be harmful; you go straight to the amount of damages; strongest
p p p p p p p p p p p p p p p
case
p
Defenses to defamation p p Truth and Privilege p p
Truth p p Absolute defense; you can prove that what you said was not false info
p p p p p p p p p p p p
Privilege Press can print pretty much what is wants but can't do it p p p p p p p p p p p
maliciously (constitutional)
p p
Three Types of Business Torts
p p p p Fraud, Interference with contractual relations, interference
p p p p p
with prospective advantage
p p p
Fraud Fraud or Misrepresentation: intentional torts; Scientre - knowledge you knew that
p p p p p p p p p p p
you were presenting false info; someone reasonably relies on that info and suffers damages or
p p p p p p p p p p p p p p p
loss of reputation
p p p
Interference with contractual relations Anytime a third party knows about a contract
p p p p p p p p p p
and tries to interfere with it; THERE IS A CONTRACT
p p p p p p p p p p
answers | RATED A+
p p p p
Tort Law p breach of duty of care to someone else and it causes them
p p p p p p p p p p p
injury Negligence based tort law
p p Must show: p p p p
- that the person who committed the tort owed a duty of care to the other person
p p p p p p p p p p p p p p p
- have to show the duty of care was breached
p p p p p p p p
- Show that you suffered injury/damages
p p p p
- show that there was a causal connection between negligent person's actions and your
p p p p p p p p p p p p
actions Causal connection (3 types)
p p p p p Actual cause, proximate cause, and superseding
p p p p p
cause
p
Actual cause "cause in fact"; someone walks up to you and punches you in the face; no dispute
p p p p p p p p p p p p p p p p
Proximate cause We are going to limit tort liability to consequences that are
p p p p p p p p p p p
foreseeable likely to occur based upon the actions
p p p p p p p p
EX: Construction company is digging a trench at a work site, don't leave any signs,
p p p p p p p p p p p p p p
someone walks into it at night and gets injured
p p p p p p p p p
Superseding Cause Intervening conduct; cuts off the liability; someone else is more liable
p p p p p p p p p p p
than the negligent person
p p p p
Defenses to negligence based torts Assumption of risk, comparative negligence, liability
p p p p p p p p p
waiver
p
Assumption of risk You assume the risk of being there, you were made aware the of
p p p p p p p p p p p p p p
the potential dangers and you still agreed to go; cannot receive damages
p p p p p p p p p p p p
Comparative negligence Court determines that the injured party was somewhat
p p p p p p p p
negligent; the damages are reduced
p p p p p
Liability waiver Only affective against negligence based-torts; to be affective, the
p p p p p p p p p
liability language has to be clear, in writing, and all parties must have signed the waiver
p p p p p p p p p p p p p p p p
Categories of tort p p Assault and battery p p
Assault No physical contact is required; to be in fear of immediate bodily harm; threat p p p p p p p p p p p p p
of being harmed
p p p
BatteryActual unlawful contact with your person; unauthorized contact; someone actual
p p p p p p p p p
comes up and hits you in the face
p p p p p p p p
Potential Defenses for Assault and Battery (3)
p p p p p p Consent, privilege, self-defense p p
, Consent You agree to normal contact associated with those activities
p p p p p p p p
Privilege Not guilty to trespassing for being on their property if you are going to
p p p p p p p p p p p p p
help someone
p p
Self-defense match their force with equal force; not excessive force
p p p p p p p p
False Arrest p Police detaining or holding you without your consent in an unreasonable
p p p p p p p p p p
manner False imprisonment
p p p Detained suspected shoplifters in an unreasonable manner p p p p p p
Infliction of emotional distress Outrageous or severe conduct likely to inflict
p p p p p p p p p
severe emotional or mental distress in most people
p p p p p p p p
Invasion of privacy We expect that our private life will remain private; use your name or
p p p p p p p p p p p p p p
pphoto without your permission; publicize anything about your life that you do not want
p p p p p p p p p p p p p
shown; not something that is already public!!!; hard for professionals/celebrities to win an
p p p p p p p p p p p p p
pinvasion of privacy case p p p
Defamation Slander, libel defamation per se; Have to show that you communicated p p p p p p p p p p
FALSE info to a third part and it caused them harm or damage
p p p p p p p p p p p p p
Slander Verbally make a false statement; verbal defamation
p p p p p p
p Libel Written defamation or sent in an email p p p p p p
Defamation per se Very harsh!! Certain false statements if you say them about
p p p p p p p p p p p
someone,we know it will be harmful; you go straight to the amount of damages; strongest
p p p p p p p p p p p p p p p
case
p
Defenses to defamation p p Truth and Privilege p p
Truth p p Absolute defense; you can prove that what you said was not false info
p p p p p p p p p p p p
Privilege Press can print pretty much what is wants but can't do it p p p p p p p p p p p
maliciously (constitutional)
p p
Three Types of Business Torts
p p p p Fraud, Interference with contractual relations, interference
p p p p p
with prospective advantage
p p p
Fraud Fraud or Misrepresentation: intentional torts; Scientre - knowledge you knew that
p p p p p p p p p p p
you were presenting false info; someone reasonably relies on that info and suffers damages or
p p p p p p p p p p p p p p p
loss of reputation
p p p
Interference with contractual relations Anytime a third party knows about a contract
p p p p p p p p p p
and tries to interfere with it; THERE IS A CONTRACT
p p p p p p p p p p
