Ethics of Law Notes Part 2

In most states, dram acts apply to:

liquor stores, bars, and restaurants but not to social hosts.

Theft is to the criminal law as ________  is to the civil law.

Conversion

Comparative Negligence

• All of the above 

It proportions liability

Is a defense found in most states

reduces the damages a plaintiff can recover in a lawsuit based on their percentage of fault in causing the incident. Instead of barring recovery entirely, it apportions blame between the parties.

Cameron sues Kyle for negligence from 2018 (it was awful; Kyle rear-ended Cameron's car and totaled Cameron's smart car).  Cameron suffered back pain.  He won the lawsuit for $100,000.  It's now eight years later (2024) and Cameron still has problems with his back.  His doctor told him it was the result of the 2018 incident. Cameron required additional medical expenses of $75,000.00. Can Cameron bring another lawsuit for the additional surgery?

No. The single recovery rule prohibits multiple lawsuits for an incident. Cameron should have asked for future damages at the first trial.

A company makes a commercial with a Kim Kardashian look-alike to promote their new hair gel line.  The look-alike promotes for the company, and the company does not get Ms. Kardashian’s permission.  The company could be sued by Kim for the tort of:

commercial exploitation.

Negligence is an accident

True

Dylan orally says to Katie, “ The judge is the biggest meth dealer on the eastcoast,”  is a libel statement that the judge could sue.

False

• Even though this is a defamatory statement, it is actually slander per se, it is NOT libel because the statement was not in writing.

Tina invites Brenna into her apartment.  Brenna is considered a _____; Brenna commits trespass to land if she:

a. Invitee; enters the apartment with fraudulent intent.

b. Licensee; harms the apartment in any way.

c. Invitee; makes disparaging remarks about Tina to others present.

d. Licensee; refuses to leave when Tina asks her to go.

e. C and D

D. Licensee; refuses to leave when Tina asks her to go.

All of the following are legal defenses to liability claims EXCEPT:

 

a. Contributory negligence

b. Assumption of the risk

c. Vicarious liability

d. Comparative negligence

e. None of the above

f. A and D because they are only concerned with the amount of compensatory damages you may recover.

C. Vicarious liability

A managed care company was found liable for denying valid claims for health insurance coverage.  The company was ordered to  pay compensatory damages to a group of plaintiffs.  To “make an example” of the insurer, the Court also ordered the insurer to pay an additional $10 million to deter other insurers from engaging in the same wrongful acts.  The $10 million award is an example of :

Punitive damages

In a civil case the plaintiff must prove the case beyond a reasonable doubt.

False

Tort law is concerned with compensation for losses suffered by injured parties.

True

One of the requirements for a suit based on strict liability is a failure to exercise due care.

False

Dylan orally says to George, "I think the judge is annoying," is a slander statement that the judge could sue.

False
- this is an opinion that cannot be proven

Truth is an absolute defense to an invasion of privacy claim.

False
- Truth is the absolute defense to Defamation, whether it is defamation slander or defamation libel.

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is:
- appropriation
- conversion
- wrongful interference with a contractual relationship
- none of the above

none of the above
- In a business setting the tort would be wrongful interference with a contractual relationship; however, what has OK done other than legal, effective advertising? Nothing.

To have a lawsuit, you must have what?

- legal theory
- has to prove his case, under that legal theory

What is a tort?

- a violation of a duty imposed by civil law
- means "wrong" "civil wrong"
- two types: intentional vs. unintentional
- based on an obligatin imposed by the law with no agreement needed between parties; plaintiff/victim prosecutes/sues and receives compensation or restitution
- can be common law (old) or statutory law (new)

A tort may be a crime, a crime may be a tort.

True

Interference with contract

- stealing a client away from a competitor

Criminal Law

behavior classified as dangerous to society; prosecuted by the government, whether victim wants to prosecute or not; money award goes to the government

Contract Law

based on breach of an argument between the two parties; victim prosecutes and receives compensation or restitution

Intentional Tort

does not necessarily mean an intention to harm the victim, only an intention to perform the act which caused the injury
- many many many

Non-intentional torts

only negligence
- didn't mean to do the act
- if you are the defendant, you are responsible for everything you do, the employer can also be responsible for your entire actions

Battery

touching of another person in a way that in unwanted or offensive
- the touch does not have to hurt the victim
- sexual touching that is offensive, but not painful
- intentional action that does not hurt someone may be battery even if the injury is unintentional
- if you are in charge of something and you set it in motion, it is as if you touched it
- INTENT TO DO THE ACT!

Assault

an action that causes the victim to fear an imminent battery
- can occur without the battery ever happening
- pulling a gun on someone even if it is unloaded
- an uncompleted battery

A waiter knocked over a cane on purpose and made the old man fall over. It is battery.

true, battery
- he was in no fear and didn't see him coming
- even though he didn't touch the old man
- he "touched" the cane and set it in motion

You can have an assault alone, a battery alone, or both together.

True

Matt is throwing the football. The ball goes wild and hits Lauren in the face. Is this an assault or battery, neither or both?

Battery

False Imprisonment

• the restraint of someone against their will and without reasonable cause
  - can't corner someone and not let them go or put them in a closet
  - If the police detain a person with no reason to suspect him of any crime, it could be false imprisonment

An employer who doesn't let a sick employee go home might be guilty of what?

false imprisonment

A store may detain a person suspected of shoplifting if there is a reasonable basis for the charge and the detention is reasonable.

True
- in private and for a reasonable time
- 4hrs?

You may have more than one legal theory when suing.

True

Sierra Mist owns a retail soda pop shop in downtown Blacksburg. The store is repeatedly painted with graffiti, "Pepsi is the BEST.". Sierra Mist is convinced that 15 year-old John, a frequent customer, is the person painting the graffiti. The next time John comes to the store, Sierra Mist locks the men's room door while John is inside. Sierra Mist calls the police, but because of a misunderstanding, the police are very slow to arrive. John shouts and cries for help, banging on the door, but Sierra Mist does not release him for over two hours. John sues. What intentional tort could John sue?
a. false imprisonment
b. assault
c. battery
d. both b and c because John had apprehension that he was locked in the men's locker

false imprisonment
- unproven suspicion

Trespass

• intentionally entering land that belongs to someone else or remaining after being asked to leave
  - keeping an object, such as a vehicle, on someone else's land and refusing to move it is also trespassing
  - you may be trespassing if you enter someone's property MISTAKENLY believing it is public property

Conversion

• taking or using someone's property without consent
  - Civil law version of theft, larceny for criminal law

Pull the sheets right off the corner of that mattress that you stole from your roommate back in Boulder..." is an example of what?

Conversion
- stealing

Fraud

• injuring another person by deliberate deception
  - lying
  - intent to mislead another person

Nuisance

- an activity of one's property that endangers the life or health of another or interferes with the reasonable and comfortable use of the property of another
- HOT HOT HOT; everyone wants to sue for

A raceway is next to a neighborhood and they produce loud noise from the cars. The noise disrupts a family having a BBQ in their backyard. What is this an example of?

Nuisance

Injunction

court can make someone do or not do something

The Sriracha company has a new plant and the fumes coming from the factory puts neighbors around in danger because of the fumes from the peppers. What is this an example of?

Nuisance

Defamation

- the irresponsible speech to harm another's reputation
two types: written and verbal
- 4 facts / elements to prove to win a defamation suit

What is written defamation known as?

Libel

What is verbal (spoken) defamation known as?

Slander

What are the four facts/elements to prove to win a defamation suit?

1. the defamatory statement was actually made (say something really bad)
2. the statement is false
3. the statement was communicated to someone other than the plaintiff (to a 3rd party)
4. in slander cases, the plaintiff must show some injury resulted from the defamation

Slander per se

- some statements are so harsh and potentially damaging that the plaintiff is assumed to be damaged and does not have to prove injury
- accusations of committing a serious crime
- claims of having a sexually transmitted disease or of being an unchaste woman (gender bias in the law)
- alleged professional incompetence
- opinion - the statement must be provable and not simply someone's opinion
- vague terms in the statement usually indicate it is an opinion, not a provable fact
- extreme exaggerations are usually not taken as fact!!!!
- Yeagle vs. Collegiate terms
- public personalities
- privilege

What was Yeagle vs. Collegiate terms

- wrote something so it is libel
- with an insert that Yeagle is the "director of butt licking" lol
- dismissed because it was too absurd and such an exaggeration

Public Personalities in Slander Per Se

1. includes: public officials (police and politicians) and public figures (movie stars and other celebrities)
2. Public personalities have a harder time winning a defamation case because they must prove that the defendant acted with actual malice
3. Hard for famous people to win this

Actual Malice

the person that said it wanted to ruin them completely or A depraved heart.

Privilege in Slander Per Se

1. defendants receive extra protection in special cases
2. in courtrooms and legislatures, speakers have absolute privilege. They may speak freely, if it is true
3. When information is legitimately needed, the speaker giving it has qualified privilege. This may happen when someone reports a suspected criminal act.

Trey had a radio talk show. On the program, he complained about an incident in which a police officer Bob had stopped his car, apparently for lack of a proper license plate and safety sticker. Trey explained that the license plate had been stolen and the sticker fallen onto the dashboard, but Officer Bob refused to let him drive away. Trey and two young grandsons had to find other transportation. On his radio show, Trey angrily recounted the incident, then described Officer Bob and all police officers generally: "we are not paying officers to be dictators and Nazis"; "this man is an absolute barbarian, a lunkhead, a meathead." Officer Bob sued Trey for defamation. What would be the result?
a. this is libel
b. this is slander
c. This is Not defamation because the statements are not statements of fact because most of them could not be proven true or false.
d. This is nuisance because it bothered the reputation

c. This is Not defamation because the statements are not statements of fact because most of them could not be proven true or false and because it is not taken literally by anyone, opinion

Intentional Infliction of Emotional Distress

- historically, no recovery was allowed if the injury was only emotional instead of physical
- now, most courts allow a plaintiff to recover from a defendant who intentionally causes emotional injury
- behavior causing injury must be extreme and outrageous
- must have caused serious emotional harm

Business Torts

- intentional torts that occur almost exclusively in a business setting

Nick, the chocolate czar of VA, has a contract with Ben, who owns Snickers, and he knows of the contract between the chocolate czar and M&M's. He approaches the chocolate czar, and offers a better deal. What is this?

- business tort
- there is a contract between two parties (Nick and M&M's) and someone who wants to break them up. Ben will be sued for breaking them up.

Interference with Business Relations

- interference with a contract exists if the plaintiff can prove these elements
1. there was a contract between the plaintiff and a third party, and the defendant knew of the contract
2. the defendant induced the third party to breach the contract or make the performance impossible
3. there was injury to the plaintiff
- defendant can justify the interference if he can prove one or more of these elements
1. he was protecting an existing economic interest
2. he was protecting a public interest
3. the existing contract could be terminated at will by either party

What is a Tort feasor?

someone that commits an intentional tort
- interference with business relations

What is Disparagement?

a statement that is an untrue statement made by one person or business about the products, services, property, or reputation of another business
- similar to defamation

Sierra Mist is the only soft drink business in the Town of Blacksburg. The citizens of Blacksburg love their special drink called, Mistiquilas (you know, one part tequila and three parts Sierra Mist). Seth, independently wealthy, hates Sierra Mist. He moves to Blacksburg and sets up a soft drink business company that makes NO profit, just to drive Sierra Mist out of business. His plans are to have an acquaintance of his to move to Blacksburg and open up a legitimate store once the competition is eliminated. What tort is this?
a. disparagement
b. duty
c. intentional interference with contract
d. unfair competition

unfair competition

Intrusion

- prying into someone's private life is a tort if a reasonable person would find it offensive
ex. wiretapping, stalking, peeping
- technology is creating new ways for a person's privacy to be exploited, and therefore creating a demand for new laws

The Electronic Communication Privacy Act

- prohibits unauthorized interception and disclosure of wire and electronic communication

The Stored Communications Act

- prohibits unauthorized access to a facility through which an electronic service is provided

Commercial Exploitation

- when a person's image or voice is used for commercial purposes without that person's permission
- you can't use a look-alike without their permission

Tort Reform

- about half of states have passed statutory limits on tort awards (not passed in VA)
- a jury can award whatever seems reasonable for economic damages
- non-economic damages usually may not exceed a prescribed limit, such as 3 times the economic damages, or a flat cap such as $250,000
- makes it harder for those injured who are suing to file a lawsuit against those who hurt them and how much money they receive

Damages are the same for intentional and unintentional damages. True/False

True

Compensatory Damages

- most common form
- A jury may award compensatory damages (payment for injury) to a plaintiff who prevails in a civil suit

The Single Recovery Principle

- mandates that the court must decide all damages (past, present, and future) at ONE TIME and settle the matter completely
- SUE ONE TIME
- damages for money may include
1. restore any loss (such as medical expenses) caused by the illegal action
2. restore lost wages if the injury kept the defendant from working
3. to compensate for pain and suffering

John, locked in the bathroom, shouts and cries for help, banging on the door, but Sierra Mist does not release him for over two hours. John sues for false imprisonment; he claims that he has suffered great psychological harm because of the incident; his psychiatrist asserts that John may have unpredictable suffering in the future. After this lawsuit, may John return to court in the future to seek further damages?
a. Yes. A plaintiff may return to court at any time to recover any damages suffered.
b. No. False Imprisonment does not provide for plaintiffs to sue at different intervals.
c. No. The single recovery rule forces John to recover now for all past and future harm.
d. Yes. John has psychological damages. They are ongoing and John may file a lawsuit for each year, bringing the defendant into court every year.

C. No. The single recovery rule forces John to recover now for all past and future harm.

Jane writes an article for the Collegiate Times newspaper reporting that Simone was arrested for stealing a car. The story is entirely false. Simone is not a public figure. Which of the following torts has Jane committed?
a. Ordinary slander
b. Slander Per Se
c. Libel
d. None of the above
If Simone decides to sue, she _______________has to show evidence that she suffered an injury. If she ultimately wins her case, a jury_____________have the option to award punitive damages.
a. will; will
b. will; will not
c. will not; will
d. will not; will not

c. libel
written form of defamation

c. will not; will

Debbie sneaks up on AnnaKate, hits her with a hairbrush, and knocks her unconscious. AnnaKate never saw Debbie coming. She wakes up with a horrible headache. Which of the following tort(s) has Debbie committed?
a. Assault
b. Battery
c. Both A and B
d. None of the above

b. Battery

Judge Showalter is an employee with M&M's. He loves those delicious, chocolatey treats. He helps himself to many, many boxes of those confections. He does so without permission from M&M's. Judge Showalter is liable for:
a. Appropriation
b. Conversion
c. Disparagement of property
d. Wrongful interference with a business relationship

b.Conversion
stealing

Bobby says, falsely, that Judge Showalter is stealing from their employer, M&M's. The statement is defamatory only if
a. Judge Showalter suffers emotional distress
b. The statement is made in an annoying manner
c. The statement is published in the media
d. A third party hears it.

d. third party hears it.

Punitive Damages

- intended to punish the liable party
- intended for conduct that is outrageous and extreme
- designed to "make an example" out of the defendant
- should deter others from doing same conduct and prevent this defendant from repeating actions
- sometimes punitive damages awards are huge, but in most cases they are close to or less than the amount of compensatory damages awarded

NEGLIGENCE-IT'S AN ACCIDENT!

TRUE

Contributory Negligence

- only Virginia, it's the last state that has this
- if the plaintiff is at all negligent (at fault), he cannot recover damages from the defendant
- if plaintiff is 1% at fault, he gets nothing

Comparative Negligence

- every state has this
- the trier fact (judge or jury) will proportion who is at fault
- if the plaintiff is negligent, a percentage of negligence is applied to both the defendant and the plaintiff. The plaintiff can recover from the defendant to the percentage that the defendant is negligent. In some cases, a plaintiff found to be more than 50% negligent cannot recover at all.

Assumption of the Risk

- a person who voluntarily enters a situation that has an obvious danger cannot complain if she is injured (assume the risk)
- this rule applies to a situation where the danger is well-known, and the participant chooses to be present
Ex. SeaWorld swimmer, renting ATV (sign you are at risk and can't sue)

Strict Liability

- some activities are so dangerous that the law imposes a high burden on them
- ultra-hazardous activities
- defendant is always liable = responsible
- comparative negligence does not apply
- One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property
if....
- the seller is engaged in the business of selling a product, and
- it is expected to and does reach the user and consumer without substantial change in the condition in which it is sold

ultrahazardous activity

- defendants are virtually always held liable for harm
- includes using harmful chemicals, explosives and keeping wild animals
- plaintiff does not have to prove breach of duty or foreseeable harm

1. Someone throws a party and the person throwing the party owns a very poisonous snake, he is at fault even if the animal was locked away.
2. Someone likes to play with dynamite and builds a large barrier to protect others but a rock flies and hit someone's car
- all examples of what?

ultrahazardous activities

Product Liability

- when goods cause injury, there is a question of product liability
- need not to prove that the defendant's conduct was unreasonable, strict liability of products may be imposed if...
- seller is in business to sell this product
- defective condition is unreasonably dangerous to the user
- the product reaches the user without substantial change

What are the two main issues related to product liability that I need to be concerned with?

1. negligence: unreasonable conduct by the defendant
2. strict liability: policy which holds the defendant liable regardless of his behavior. Strict liability is caused by a defective product

Casual sales and transactions by non-merchants are NOT covered by the doctrine of strict liability. True/False

True
- you can't sue everyone in the chain if it's a casual sale!

Contemporary Trends

- strict liability may be imposed based on design defect, manufacture defect or failure to warn

Contemporary Trends Example

Man on 18th birthday, got a new red car and goes to a party, no alcohol involved, and a deer runs in front of him and swerves to miss the deer but hits a telephone, the airbag is supposed to go off but it didn't, his head went through the windshield and he has major brain surgery, parents sued retailer, distributor (Hyundai), showed it was a factual causes and was foreseeable, car was designed incorrectly

Defenses to Product Liability

- generally known danger
- abnormal misuse of the product
- supervening event

Generally known danger

- some products are inherently dangerous and are known to the general population to be so

Supervening event

- the manufacturer is not liable if a product is materially altered or modified after it leaves the seller's possession, and the alteration or modification causes injury

In a tort for either an intentional tort or a negligence, there is a 2 year statute of limitations. True/false

True

Statutes of Limitations in Tort

- economic loss doctrine: when an injury is purely economic, and arises from a contract made by two businesses, the injured party may only sue under the UCC.

A Final Issue: Statutes of Repose

- statute of repose places an absolute limit on when a lawsuit may be filed, regardless of when the defect is discovered

Negligence Meaning

- the failure to exercise reasonable care to protect another's person or property

Duty of Care

- everything you do in life, you owe a duty of care, there must be a duty owed to the plaintiff
- Plaintiff must prove by the preponderance of evidence!! Everything you do in life, you owe a duty of care!
- if a defendant could have foreseen injury to a particular person, she has a duty to him
- many states have "dram shop laws," making liquor stores, bars, and restaurants liable for serving drinks to intoxicated customers who later cause harm

Dram Shop Laws

- making liquor stores, bars, and restaurants liable for serving drinks to intoxicated customers who later cause harm
- it is foreseeable that someone served too much alcohol could injure himself or others
- VIRGINIA DOES NOT HAVE DRAM SHOP LAWS
- Owners of property owe a duty of care to a persons on their property depending on the person's status

Special Duty: Landowners

- different duties owed to people entering your property depending on how you are classified

Duty to Trespassers

not to injure intentionally, owe no duty to them!!

Duty to Children

- if a man-made item on the land attracts children, landowner may be liable
- attractive nuisance: like a trampoline or pool

What is an Attractive Nuisance?

-man-made object like a trampoline and pool
- a. Put a fence around the pool, kid is anyone under 18

Duty to Licensees

- a licensee is entitled to a warning of hidden dangers that the owner knows about
- social guests or someone who is doing work on your property
- With social guests, you must have actual knowledge of some specific hidden danger to be liable

An invitation doesn't mean you're an invitee, it means you're a licensee. True/False

True