Chapter 5
Business Law 255 with Jenkins at Ohio University
About this deck
By: Troy Keener
Created: 2012-02-02
Size: 19 flashcards
Views: 25
Created: 2012-02-02
Size: 19 flashcards
Views: 25
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Tort
an act or omission (failure to act when required to do so) which causes injury to another’s protected interest(s)
civil wrongs
Compensatory Damages
Damages intended to make the plaintiff “whole”; the plaintiff is to be put into as good a position as she would have occupied had she not suffered the injury
Punitive Damages
•May be available in the case of egregious conduct: could be intentional or “gross” or “willful or wanton” negligent conduct
•Traditionally called “smart” money, as in a sharp pain; may be applied if the defendant (tortfeasor) acted with malice, out of fraudulent or with evil intent
Liable persons
usually defendant in tort action was called a Tortfeasor
one who directs or controls the tortfeasor may be liable under respondeat superior
Respondeat superior
requires the tortfeasor to be acting within the scope of his employment; based upon the master-servant theory of employment
Under 7, 7-10, 10+
Child may not be liable, presumptively unable to commit a tort, presumptively liable for torts
Intentional torts involve
interference with the personal freedom of individuals; interference with property rights; interference with economic relations; and/or wrongful communications
All intentional torts involve unprivileged conduct
Assault
occurs when one acts so as to cause another to experience an apprehension of a harmful or offensive contact
Battery
occurs when an alleged tortfeasor causes a harmful or offensive contact
Mental Distress
results from insults, outrageous conduct or other indignities which intentionally or recklessly cause the plaintiff to experience severe emotional distress with bodily harm resulting from that distress
Interference with Property Rights
trespass, conversion and nuisance deal with the right of a plaintiff to exclusive use and enjoyment of his/her property
Trespass
can affect one’s exercise of dominion over one’s personal or real property
trespass is innocent if the tortfeasor is on plaintiff’s land by mistake or under the belief the tortfeasor has a right or permission to be there
Disparagement
a false communication about the quality of another’s property, product or conduct in business to a third party resulting in specific pecuniary (monetary) loss
•The statement must result in specific economic damage
Interference with Contract
•conduct intended to induce one party to breach a contract
•Involves an intentional invasion or interference with the property rights or contractual rights of another without just cause
Interference with Prospective Advantage
an interference with one’s expectation of future contractual relations, including the prospect of employment, employees or customers
Defamation
a false communication to a third person which results in damage to the plaintiff’s reputation; encompasses slander and libel
Slander
is an oral defamatory statement which injures the reputation of another; plaintiff must prove special damages unless the slander is per se (liability for slander without proof of damages)
Libel
is a defamatory statement in fixed form which causes injury to another’s reputation
•Plaintiffs in libel need not prove special damages; medial plaintiffs must prove constitutional malice against media defendants
Invasion of Privacy
a common law interest; encompasses four distinct torts; involves a wrongful intrusion into the plaintiff’s private life resulting in outrage, mental suffering, shame or humiliation to a person of ordinary sensibilities
About this deck
By: Troy Keener
Created: 2012-02-02
Size: 19 flashcards
Views: 25
Created: 2012-02-02
Size: 19 flashcards
Views: 25
About StudyBlue
STUDYBLUE makes things that make you better at school.
Things like online flashcards with photos and audio.
Things like personalized quizzes and friendly reminders about when (and what) to study next.
Think of it as a digital backpack™: access to all of your study materials online and on your phone.
STUDYBLUE exists to make studying efficient and effective for every student, for free. Join us.
“Simply amazing. The flash cards are smooth, there are many different types of studying tools, and there is a great search engine. I praise you on the awesomeness.”
Dennis
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