Torts

Torts

Claims that are non-criminal and not based on contracts.

Types of torts

Intentional, negligent, strict liability.

3 types of Intentional torts

1. Misappropriation of NIL

2. Tortious interference w Contractual relations

3. Defamation

Negligence

careless conduct that violates duty of reasonable care and causes a defendant harm

Fraud

intentional misrepresentation of a material fact, or lying on purpose

Defamation

Elements of oral (slander) or written (libel) false statements about a person in a published statement

Defenses to negligence actions

Comparative negligence — fault apportioned between plaintiff and defendant

Assumption of risk — plaintiff consented to dangers involved in activities

Negligent Misrepresentation

A false representation of a material fact with no grounds to believe it was true

Strict liability

engaged in conduct dangerous enough that you can be held liable when things go wrong

Products liability

when a defective product causes harm to the user