LAW 122 Study Guide - Final Guide: Maurice Ravel, Risk Management, Malicious Falsehood

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Negligent Torts
Occurs when a person acts
carelessly.
Actions or activities
protected if it is
reasonable in the
circumstances.
-occupier’s liability
-nuisance
-negligence
-professional negligence
-product liability
Strict Liability Dangerous activity that caused harm.
When they do something wrong without intention or without acting carelessly.
Responsible for extremely dangerous activity.
-animals
-injuries caused by the wild
Intentional Torts Intent to harm: some intentional torts requires proof that tortfeasor intended to hurt
the plaintiff.
-intimidation
Intent to act: some require only proof that tortfeasor intended physical action.
-invasion of privacy, false imprisonment, trespass to land
Vicarious Liability
Holds one person
responsible for another
person’s tort.
Both employee and
employer have to pay.
Employer has money.
-borrow a car
1. Not liable if outside business relationship.
2. Preferable to have the independent contractor to do the work.
employee classified as
-employee uses employer equipment
-the worker is paid a regular salary
-integrated into the business, does not own the business
3.Does not relieve the employee of responsibility
-allows the plaintiff to sue both
4. Employer is vicariously liable and personally liable for their own tort.
Employee is personally liable for the tort.
Remedies Compensary Damages: paid losses, put them back in the same position
Remoteness: defendant is only responsible for the losses they cause, not those that
are remote
Mitigation: occurs when the plaintiff tries to minimize losses
1. Plaintiff is only responsible in taking reasonable steps.
2. Plaintiff is not required to mitigate.
3. Damages only denied to the extent plaintiff failed to mitigate.
4. Can recover costs that was used to mitigate.
Punitive Damages: intended to punish defendant
-only in exception circumstances
-defendant acted in a harsh, vindictive, reprehensible, malicious
Nominal Damages: symbolically recognize that defendant committed a tort even
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though plaintiff did not suffer any loss
-small sum awarded
Injunction: a court order that requires the defendant to do something or to refrain
from doing something
Alternative compensation scheme
-is a system that allows a person who has suffered an injury to receive compensation
without bringing an action in tort
Intentional Torts: involves the intentional rather than the merely careless conduct
It was enough that the defendant knew that a particular act would have particular consequences.
Assault and Battery
The tort of assault: occurs when a
defendant intentionally causes
the plaintiff to reasonably believe
that offensive bodily contact is
imminent.
A claim for assault is usually
joined with a claim for battery.
1. Based on the reasonable belief that contact will occur.
-designed to discourage people from alarming others
2. It is enough that plaintiff reasonably believed that bodily contact would occur.
e.g. pointing a gun
3. Plaintiff must believe that bodily contact was imminent. Not 2 weeks.
4. Can occur if plaintiff was not frightened. Enough that the defendant
threatened some form of offensive contact.
Elements
1.Intentional act. 2. Imminent
Battery
Offensive bodily contact that
causes injury that was
intentional.
1. It is enough that the defendant makes contact with the plaintiffs clothing or
with something the plaintiff is holding.
2. Not every form of contract is offensive.
e.g. blood transfusion against patient
-committing a tort
Elements
1. Intentional Act 2. Causing offensive bodily contact.
Invasion of Privacy
Privacy is indirectly protected by
several torts.
Liable for trespass to land.
Liable for breach of confidence (employers private life)
Tort of abuse of private information.
Tort of misappropriation of personality (selling products with your image)
False Imprisonment
Tort of fi: occurs when a person is
confined within a fixed area
without justification
Legal Test
1. Intentional Act.
2. Physical and psychological forces.
3. Person is confined within a fixed area without justification.
Not committed if plaintiff can escape confinement.
Physical force not necessary, can be psychological.
-when people are confronted and are to do what they are told
--when people are confronted and are to do what they are told
Business can call the police to reduce liability, does not eliminate risk, they would
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be held liable if they direct the cop.
Malicious Prosecution When the defendant improperly causes the defendant to be prosecuted.
1) Defendant started the proceedings.
2) Out of malice or improper purpose.
3) Without honestly believing in reasonable grounds that a crime has been
committed.
4) Plaintiff eventually acquitted of alleged crime.
Defendant not held liable if there is consent.
False imprisonment only if done without authority.
Businesses should not use more force than necessary.
Trespass to Land
Tort of ttl: occurs when the
defendant improperly interferes
with the plaintiffs land.
Legal Test
1. Intention (but low test: intention to act)-need prove that tortfeasor intended
physical action.
2. Land (above/below)
3. Interference (wide definition)
4. Improper
Consent=not “improper” (defense)
Legal authority=”not improper” (a defense)
-sneaking into property, tort can rise innocently
-it is enough that I intended to do the act, even if I did not intend to do wrong/
cause damage
--cutting neighbors grass
Defenses
-business consented, implicitly invited (public implied consent), can revoke if it
does not violate human rights
-businesses can arrest using reasonable force now
Nominal Damages (no loss)/Punitive Damages(if conduct was bad)
-compensation or plaintiff entitled to the intention to stop continuous trespass
Interference with Chattels
Tort of trespass to chattels:
Occurs when defendant
interferes with chattels in
plaintiff’s possession.
Element of interference is satisfied when: damages, destroys or takes or uses
the plaintiffs goods , or simply if they touch it
Remedy: compensary damages
Tort of Conversion
Defendant interferes with the
plaintiff’s chattels in a way that is
serious enough to justify a forced
sale.
-true if defendant takes, detains, uses, buys, sells, damages or destroys the
plaintiff’s property
Courts consider all facts:
1. Extent to which the defendant exercised ownership or control over the
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