BLAW EXAM 2 REVIEW Torts

Private Law

regulates the rights and duties of private citizens and institutions towards one another

Public Law

concerns itself with government and the relationship of private citizens and government

Goal of Tort Law

provide relief to injured parties for harms caused by others, impose liability on parties responsible for the harm, and deters others from committing harmful acts. Compensating the person wronged.

Intentional Torts

The person intends to do an act, that invade the interest of another, knew or should have known there is an appreciable risk to another from the act

Assault

Reasonable apprehension of immeadiate harmful/offensive physical contact

Battery

intentional act, harmful or offensive physical contact

False Imprisonment

confinement or restraint within a limited area, for an appreciable time, against his/her consent through the threat of force

Ohio’s Shopkeeper Privilege

If shopkeeper has probable cause to believe that items offered for sale have been taken by a person, may detain the person in a reasonable manner/reasonable time. May not search the person/seize property w/o consent.

Defamation

Wrongfully harming a person’s reputation

Slander

Spoken defamation

Libel

Written defamation

Primary Defense against Defamation

the Truth

Intrusion

Watching or photographing a person through the windows of his home, wiretapping a telephone, opening another’s mail, or searching another’s wallet

Disclosure of Embarassing Private Facts

Public disclosure of the private sexual affairs of another

False Light

actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter

Appropriation/Commercial Exploitation

appropriating to D’s benefit the value associated with the name or the likeness

Wrongful Interference (Contractual Relationship_

Valid, enforceable contract, knew that this contract exists, intended to cause one of the parties to breach the contract

Wrongful Interference (Business Relationship)

Defendant knew or had reason to know that a third party and the plaintiff are in a business relationship, defendant intentionally interfered in the relationship

Negligence

Unreasonable behavior that causes injury

Duty

When one’s acts or omissions create a foreseeable risk of injury or damage, expressed as a STANDARD OF CARE

Harm

What must be suffered in a negligence claim

Breach of Duty

Person failed to act in a responsible way - does not have to be intentional, can be an oversight, mistake, or foolish act

Proximate Cause

The legal cause of a negligent act

Negligence Defenses

Comparative Negligence, Assumption of Risk

Comparative Negligence

Parties share the cost of the injuries to Plaintiff in proportion to their share of negligence. An injured Plaintiff judged to be 50% or less at fault may recover his damages minus the percent caused by his own negligence.

Assumption of Risk

Knowing and willing undertaking of an activity

Strict Liability In Tort

Ultrahazardous activity, dangerous animals, strict products liability, respondeat superior

Strict Products Liability

Unreasonably dangerous defective products (product defect, design defect, warning defect)

Respondeat Superior

a legal doctrine that holds employers liable for the wrongful acts or omissions of their employees when those acts occur within the scope of their employment. 

Who is Liable for Product Liabilty

Any entity involved in the chain of distribution for a defective product may be liable for injuries caused by the defect

Actual Defect

a flaw in manufacturing

Design defect

a flaw in a products design

Failure to warn

product has a non-apparent danger inherent to purpose of product

Dram Shop Acts

Tavern owner liable for intoxicated patrons

Only defense to a dram shop act

“We did not knowingly sell to an intoxicated person or minor”

Contracts

An agreement enforceable at law

Compensatory Damages

Damages for injuries

Punitive Damages

Law seeks to punish a tortfeasor