Chapter 4

Management 3540 with Swenson at University of Missouri- Columbia

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By: Martin Ruzicka
Created: 2011-12-11
Size: 36 flashcards
Views: 14

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Tortfeasor

a person who commits a tort

Join tortfeasors

when two or more persons act together to commit a tort

Joint and several liability

means that the plaintiff can collect the entirety of his or her damages from one joint tortfeasor or from all of them

Intent

means that the defendant had the purpose to commit the act. The defendant does not have to intend the specific harm or results. Reckless disregard for potential harm is also usually enough to prove intent for the purpose of intentional torts

Nonfeasance

the failur to act

Assault

an intentional act causing immediate expectation of injury to another person or an immediate expectation of offensive contact with another person

Requirements to prove assault

1. Required intent

2. Must prove an outward act

3. Must prove the required result

Battery

an intentional act causing another person injury or offensive contact

Requirements to prove battery

1. intent for assault or battery as defined

2. An outward act

2. Outward act must cause injury or physical contact offensive to a reasonable person

Defense of consent

when the plaintiff agreed to the injury or offensive contact

Self-Defense

gives victim the privilege to use the amount of force reasonably necessary to repel real or apparent danger

Defense of others

the privilege to use the amount of force reasonably necessary to repel real or apparent dangers to others

Defense of property

the privilege to use the amount of force reasonably necessary to repel real or apparent danger to property. (deadly force may never be used to protect property alone)

False imprisonment

the intentional detention of another within boundaries for any length of time, with that person's knowledge and without consent

Shopkeeper's privilege

a merchant with reasonable cause to suspect shoplifting may detain a suspect in a reasonable manner for a reasonable length of time to complete an investigation or to contact the police

Intentional infliction of emotional distress

an intentional act of extreme or outrageous nature causing severe emotional distress

Proof for intentional infliction of emotional distress

1. Must be an intentional act

2. Intentional act must be of an extreme or outrageous nature

3. Emotional distress suffered by the plaintiff must be severe

Defamation

a publication of defamatory, false statement of fact through the fault of the defendant

Defamation proof elements

1. Plaintiff must prove there was a publication

2. Defendant's statement must be proven to be defamatory

3. Plaintiff must show statement was a false statement of fact

4. plaintiff must prove that the defendant was at fault

Slander

defamation though an oral statement

Libel

defamation through written statement

Absolute privilege

means that there is a complete defense to defamation lawsuits for anyone who makes the defamatory statement during a government hearing

Conditional privilege

defendant is not liable for statements made as a matter of the defendant's business interest, so long as the statements are not made with actual malice

Truth

of a statement is an absolute defense to defamation

Retraction

a partial defense to defamation which lessens damages where the defendant can show a correction of the false statement that was published

Intrusion upon solitude or seclusion

requires the plaintiff to prove that the defendant has in some way intruded upon the plaintiff's reasonable expectations for personal privacy

Public disclosure of private facts

requires the plaintiff to show the defendant has taken personal and private information and published it to the public

False light publicity

requires that the defendant published material which portrays the plaintiff in a way which gives a negative false impresion

Appropriation of likeness or name

requires the plaintiff prove the defendant took advantage of the plaintiff's image or name for a commercial advantage

Fraudulent Misrepresentation

an intentional misrepresentation of material fact, reasonably relied upon by the plaintiff, resulting in damages

Fraudulent Misrepresentation elements of proof:

1. plaintiff prove defendant misrepresented a material fact

2. Plaintiff must prove intent to deceive

3. Must be reasonable reliance by the victim of the statement

4. Misrepresentation must be shown to have caused damages

Trespass to land

the intentional entry onto the land of another without permission

Trespass to chattels

an intentional damaging or deprivation of another's personal property

Conversion

an intentional, sever damaging or intentional retention of another's personal property

Nuisance

an unjustified interference with the or enjoyment of another person's real estate

Intentional interference with a contract

occurs when the defendant intentionally induces a third party to break a contract with the plaintiff

About this deck

By: Martin Ruzicka
Created: 2011-12-11
Size: 36 flashcards
Views: 14

About StudyBlue

“I have used this website for three exams, and I see a huge difference in my test results.”
Naj