BU231- Midterm Exam Guide - Comprehensive Notes for the exam ( 51 pages long!)
Document Summary
Terms: action- the lawsuit, cause of action- type of lawsuit (tort, plaintiff/ defendant parties to the action, claim- the reason for the lawsuit, damages- 22774, prima facie- on the face of it. Tort law: the object of tort law is to place the injured party back in the position he/she, harm is a required element of any tort. Getting away with trespassing because someone else forced you onto the property: capacity defense. Defenses: contributory negligence, the plaintiff in some way acted negligently and contributed to their own harm, only a partial defense, can occur in 3 ways. Invitee hazards that he/ she ought to have been aware of: trespassers- still owed a general duty of care (cannot set a bear trap on them, professional liability. Economic torts (not to be confused with economic loss) Definition of a contract: a promise, or set of promises, that the law will enforce.
