BU231 Study Guide - Midterm Guide: Negative Option Billing, Standard Form Contract, Equitable Remedy
Document Summary
Tort: a wrongful act causing harm to the person of property of another. Strict liability: liability that is that is based upon causation, regardless of if you should really be at fault. Modern strict liability: rare, ex. collects dangerous animals and they escape, owner responsible for damages even though he is blameless. Fault: unjustifiable injurious conduct that intentionally or carelessly disregards interest of others. Public policy: considerations that are considered beneficial to society as a whole, no- fault insurance got rid of fault in automobile accidents. Vicarious liability: liability of an employer to compensate for torts committed by an employee during employment employer can be at fault or not at fault (told employee not to do dangerous task) Harm or damage must be done for any tort to be actionable trespass usually no dmg. Assault: threat of violence to a person. Battery: unlawful physical contact with a person. Most common defense for battery is consent express or implied.
