MGT 401 Lecture Notes - Lecture 5: Reasonable Person, False Imprisonment, Transferred Intent

• School: University at Buffalo
• Department: Management and Policy
• Course: MGT 401
• Professor: Mark Stuhlmiller

Document Summary

4 elements to prove negligence: duty of care owed- reasonable person (q of law, duty of care was breached (q of fact, damage resulted (q of fact, damages must be proximately and directly (q of fact/law) Landowners/property owners: duty to inform of foreseeable risks. Defenses to negligence: assumption of the risk, knowledge of risk and voluntarily assume risk, superseding cause, contributory/comparative negligence. 4 different clauses of states: pure contributory, if plaintiff is just 1% negligent- bar, pure comparative, modified comparative, slight/gross negligence comp. fault. Intentional torts- must be an intentional act / transferred intent: assault- apprehension of immediate harmful or offensive contact, battery- unexcused intentional physical contact that"s harmful or offensive, false imprisonment- confinement or restraint without consent. Intentional infliction of emotional distress: extreme and outrageous behavior that causes severe emotional distress, defamation- hurting another"s reputation by making a false statement, libel-written, general damages assumed, slander-oral, need to prove special damages.