torts

Case Law

the rules of law announced in court decisions

Liebeck v. McDonalds

Liebeck argues that coffee is hotter than industry standard and can give you third degree burns in 2-7 seconds. Argues she got no warning and the case was settled.

Eshoo v. Chicago Transit Authority

Case regarding business invitee, electrical railroad shocked Eshoo, companies must provide safe environment for customers and alert them of danger

Palsgraf v. Long Island Railroad

Negligence case. Proximate Cause held. The Cause of the Injury had to be closely related to the actions of the person who committed the tort. Even if the ultimate Cause, if it is too remote from the Injury, then it the Tortfeasor is not Liable

Anjou v. Boston Elevated Railway Co.

A railroad company negligently breaches its duty of care by not keeping its platforms free of debris. It's a business invitee case; also called Banana Peel case

Gulf Refining Co. v. Williams

Foreseeability based case, gasoline container was used for 9 years in bad condition and damaged tractor; was told the foreseeability of damage could not have been seen and Williams one based off negligence

Negligence per se

An action or failure to act in violation of a statutory requirement.

Slander per se

statements so inherently harmful that general damages are presumed

Dram shop

If a bar / establishment continues to allow a person to continue drinking and it causes an accident, the place can be at fault

Social Host Liability

Social host liable for injuries caused by guests who are served alcohol at a social function injure themselves or another due to intoxication

False imprisonment

unlawful restraint or restriction of a person's freedom of movement

Attractive Nuisance

doctrine that says if a person keeps something on his or her premises that is likely to attract children, that person must take reasonable steps to protect children against dangers the condition might cause

Tortious Interference

Tortious interference with business relations involves the defendant harming an existing contract or a prospective relationship that has a definite expectation of success.

Wrongful Interference with a Business Relationship

Established business relationship; The defendant uses predatory methods to cause the relationship to end; and Plaintiff suffers damages

Wrongful Interference with a Contractual Relationship

1. A valid, enforceable contract must exist between two parties.

2. A third party must know that this contract exists.

3. This third party must intentionally induce a party to the contract to breach the contract.

Conversion (Tort)

When personal property is taken from the owner and given to someone else to use

Basis for Tort of Defamation

1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject of the statement.

IIED (Intentional Infliction of Emotional Distress)

Defendant intentionally or recklessly engages in extreme and outrageous conduct that causes the plaintiff to suffer severe emotional distress.

Vanna White v. Samsung

TORTS

PARTIES AND LEGAL RELIEF REQUESTED

Plaintiff Vanna White sued Samsung for depicted a robot with her image next to a "wheel of fortune" in their VCR ad. She was not compensated.

LEGAL QUESTION: Did Samsung infringe on Vanna White's rights when they appropriated her identity?

REASONING OF THE COURT: Yes, the court overturned the lower court. Vanna White's publicity is marketable and worth money.

Action can be taken if:

1- The defendant's identity is used

2- The appropriation proves advantageous to the Samsung

3- Lower court says no but this court says yes - publicity is marketable

4- There is no consent

5- There is resulting injury

PRECEDENT: Appropriations of marketable figures infringes the right of publicity for those people.

Misuse of Products

People cannot win a tort case if they claim a product damaged them but they misused the product

Warning Labels

Labels that advise consumers of risks and safety issues; important for liability in tort cases

Assumption of Risk

A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger.

Shopkeeper's Privilege

right of a store owner to detain a suspected shoplifter based on reasonable cause and for a reasonable time without resulting liability for false imprisonment

Duty to Business Invitees

Must exercise a reasonable degree of care in protecting customers against foreseeable risks that owner knew, or should have known, about

Foreseeability

The ability of a reasonable person to anticipate the consequence of an action

Proximite Cause

An act is the proximate (or legal) cause of the injury when the casual connection between the act and injury is enough to impose liability; person cannot claim damages on car crash that made a loud sound miles away

Res Ipsa Loquitur

A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means "the facts speak for themselves."

But For causation

the retaliatory action would not have occurred if it were not for the defendant's discriminatory intent

Disparagement of Property (Trade Libel)

An economically injurious false statement made about another's product or property. A general term for torts that are more specifically referred to as slander of quality or slander of title.

Punitive Damages

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.

Compensatory Damages

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.

Comparative Negligence

recovery of damages is permitted when each person in a 2 car accident is 50% at fault, but not if you are more at fault than the other person.

Contributory Damages

defense to a tort claim based on negligence. If it is available, the defense completely bars plaintiffs from any recovery if they contribute to their own injury through their own negligence.

Fraudulent Misrepresentation

Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.

Risk vs. Utility

ONLY USED FOR DESIGN DEFECTS

1. Utility to public as a whole v. risk of injury

2. Availability of safer alternative

3. Users awareness of potential danger

4. Likelihood product will cause injury

5. Ability to design something safer without reducing its usefulness/making it way more expensive

6. Ability for user to avoid risk by careful use

General Defect

Defect in product that is common that causes damage to the consumer (find better definition at some point)

4 Elements of Torts

duty, breach, causation, damages

Punitive Damages

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.

Compensatory Damages

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.

Tortfeasor

one who commits a tort

Negligence Tort

category of tort which results in harm or injury due to the failure of an individual

using ordinary care

Illegality in Tort Law

Plaintiff was injured while committing a crime so the plaintiff's damages will be ignored

Danger invites rescue

just because a third party was negligent does not relieve the defendant of liability if he created the danger that invited rescue by a third party

Good Samaritan Law

Provides limited protection to someone who voluntarily chooses to provide first aid

Osborne v. McMasters

If a statute or municipal ordinance imposes upon an individual a duty to protect or benefit others, and he neglects to perform that duty, the individual is liable for negligence per se and must pay damages for injuries that are proximately caused by his actions if they are of the type the statute was designed to prevent.

Intentional Tort

A wrongful act knowingly committed.

Strict Liability

The legal responsibility for damage or injury even if you are not negligent

3 Types of Strict Liability

Dangerous animals, dangerous activity/explosives, Product liability

Product Liability

involves holding a firm and its officers responsible when a product (used correctly) causes injury, death, or damage

Duty to Warn

an obligation to warn third parties when they may be in danger from a patient

Assault

threat or attempt to injure

Battery

unlawful touching of another person without consent

Legal Defenses to Assault and Battery

1) Consent

2) Self-defense

3) Defense of others

4) Defense of property

False Imprisonment

the intentional confinement or restraint of another person's activities without justification

Trespass to Land

The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization.

Trespass to Chattels

Intentional act causing interference/intermeddling with plaintiff's personal property causing damages to plaintiff.

Cause in Fact

an act or omission without which an event would not have occurred. Courts express this in the form of a rule commonly referred to as the "but for" rule: the injury to a person would not have happened but for the conduct of the wrongdoer.

Premises Liability

The liability of landowners and leaseholders for torts that occur on their real property.

Acceleration Theory

If defendant's acts accelerated death, he can be found criminally liable. Apply but-for test to determine whether harm would have occurred WHEN IT DID, but for defendant's actions.

Defense to wrongful interference

interference was justified or permissible

Reasonable person standard

The standard of behavior expected of a hypothetical "reasonable person." The standard against which negligence is measured and that must be observed to avoid liability for negligence.

Slander of Quality (Trade Libel)

The publication of false information about another's product, alleging that it is not what its seller claims.