Podcast
Questions and Answers
What type of tort involves intentional harm to another person?
What type of tort involves intentional harm to another person?
What is the primary purpose of punitive damages?
What is the primary purpose of punitive damages?
Which type of damages is specifically related to quantifiable economic losses?
Which type of damages is specifically related to quantifiable economic losses?
What does it mean if a tort is classified as strict liability?
What does it mean if a tort is classified as strict liability?
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In tort law, what does 'intent' refer to?
In tort law, what does 'intent' refer to?
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What is the effect of a dependent intervening act created by a defendant's negligent act?
What is the effect of a dependent intervening act created by a defendant's negligent act?
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Under which circumstance can an independent intervening act cut off a defendant's liability?
Under which circumstance can an independent intervening act cut off a defendant's liability?
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Which type of damages allows a plaintiff to recover losses that can be specifically calculated?
Which type of damages allows a plaintiff to recover losses that can be specifically calculated?
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Which of the following is considered a basic defense mechanism in a negligence case?
Which of the following is considered a basic defense mechanism in a negligence case?
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What is the primary purpose of punitive damages in a negligence lawsuit?
What is the primary purpose of punitive damages in a negligence lawsuit?
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What must a plaintiff prove to establish a prima facie case of defamation?
What must a plaintiff prove to establish a prima facie case of defamation?
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What duty is owed to a known trespasser regarding known dangers?
What duty is owed to a known trespasser regarding known dangers?
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What type of damages does a plaintiff need to prove in a slander case?
What type of damages does a plaintiff need to prove in a slander case?
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Which theory of breach implies that the negligence is so obvious that it doesn't require further explanation?
Which theory of breach implies that the negligence is so obvious that it doesn't require further explanation?
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In the context of causation, what does the 'But For' test determine?
In the context of causation, what does the 'But For' test determine?
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Which of the following statements is NOT a requirement for proving a defamation claim?
Which of the following statements is NOT a requirement for proving a defamation claim?
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What must be established for proximate cause to hold the defendant liable?
What must be established for proximate cause to hold the defendant liable?
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What is the primary difference between slander and libel?
What is the primary difference between slander and libel?
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What duty is owed to an invitee in premises liability?
What duty is owed to an invitee in premises liability?
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What must a plaintiff prove in a slander per se case?
What must a plaintiff prove in a slander per se case?
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In the context of defamation, what does actual malice refer to?
In the context of defamation, what does actual malice refer to?
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Which of the following elements is NOT required for Res Ipsa Loquitor to apply?
Which of the following elements is NOT required for Res Ipsa Loquitor to apply?
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How can a plaintiff prove actual cause in a negligence claim?
How can a plaintiff prove actual cause in a negligence claim?
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Which of the following is NOT considered defamatory in slander per se?
Which of the following is NOT considered defamatory in slander per se?
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What distinguishes a public figure in a defamation case from a private figure?
What distinguishes a public figure in a defamation case from a private figure?
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What duty is imposed on a licensee with respect to known dangers?
What duty is imposed on a licensee with respect to known dangers?
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What was the reason Peter was unable to lift the weight he selected?
What was the reason Peter was unable to lift the weight he selected?
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What does the warning sticker on the machine advise users to do?
What does the warning sticker on the machine advise users to do?
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What is a potential design defect that Peter could claim regarding the weight machine?
What is a potential design defect that Peter could claim regarding the weight machine?
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Which factor would the jury likely consider regarding the expectation of a fail-safe mechanism?
Which factor would the jury likely consider regarding the expectation of a fail-safe mechanism?
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Why might Peter argue that he was not adequately warned about the risks of using the weight machine?
Why might Peter argue that he was not adequately warned about the risks of using the weight machine?
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What role does a spotter play when using weight machines?
What role does a spotter play when using weight machines?
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How did Peter's lack of understanding about the term 'spotter' affect his situation?
How did Peter's lack of understanding about the term 'spotter' affect his situation?
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What was the primary focus of Peter's lawsuit against DominaFlex, Inc.?
What was the primary focus of Peter's lawsuit against DominaFlex, Inc.?
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What must be determined when applying the 'risk-utility' standard?
What must be determined when applying the 'risk-utility' standard?
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Why might the warning label on the weight machine be inadequate?
Why might the warning label on the weight machine be inadequate?
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In General Motors v. Sanchez, what is indicated about comparative negligence?
In General Motors v. Sanchez, what is indicated about comparative negligence?
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What failure is attributed to Peter in relation to the weight machine?
What failure is attributed to Peter in relation to the weight machine?
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What implication does the design defect of the Dominaflex machine have on Peter's recovery?
What implication does the design defect of the Dominaflex machine have on Peter's recovery?
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What is a potential consequence if the instruction booklet is not kept with the machine?
What is a potential consequence if the instruction booklet is not kept with the machine?
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What does the consideration of the cost of a fail-safe mechanism entail?
What does the consideration of the cost of a fail-safe mechanism entail?
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How does the technical term 'spotters' affect user safety?
How does the technical term 'spotters' affect user safety?
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Study Notes
Torts Overview
- Torts are breaches of duty causing injury or damage to persons or property.
- Tort law aims to compensate those harmed.
- Tort types include intentional torts (defamation, invasion of privacy, business torts), unintentional torts (negligence), and strict liability (products liability).
Damages
- Compensatory damages compensate plaintiffs for harm.
- Special damages are quantifiable losses (medical bills, lost wages).
- General damages are non-quantifiable losses (pain and suffering).
- Punitive damages punish defendants for egregious conduct (wanton or reckless).
- Nominal damages are awarded when a loss is minimal or not quantifiable.
Intentional Torts
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Intention: Desire or substantial certainty of a resulting act.
- Includes variations like children, mental illness, and transferred intent (between victims or torts).
- To Person: Assault, battery, false imprisonment, intentional infliction of emotional distress.
- To Property: Trespass to land, personal property (trespass to chattels, conversion).
Assault
- Intentionally creating apprehension of imminent harmful or offensive contact without consent or privilege.
- Physical contact is not necessary.
- Words alone are insufficient; defendant must have the ability to act.
- Plaintiff must be aware of the threat.
Battery
- Intentional harmful or offensive touching of another without consent or privilege.
- Trivial touching is sufficient.
- Awareness of the contact is not needed.
False Imprisonment
- Intentionally confining another physically or psychologically within fixed boundaries for any time without consent or privilege.
- No reasonable escape route.
- Awareness of confinement is not strictly needed.
Intentional Infliction of Emotional Distress
- Extreme and outrageous conduct intended to cause severe emotional distress.
- Conduct must exceed bounds of civilized society.
- Distress must be lasting, not temporary or minor.
- No transferred intent.
Trespass to Land
- Intentional entry onto the land of another without consent or privilege.
- Physical entry required; no need to actually harm property.
- Mistakes are not a valid defense.
Trespass to Chattels
- Minor intentional interference with personal property of another without consent or privilege.
- Actual minor damage or interference is required.
- Mistakes are not a valid defense.
Conversion
- Major intentional interference with personal property without consent or privilege.
- Interference must be substantial, not minor or temporary.
- Damages are the fair market value at the time of conversion.
- Mistakes are not a valid defense.
Defamation
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Elements: False statement, defamation (injury to reputation), publication (to a third party), understanding (by the third party), causation, and damages.
- Burden of proof is on the plaintiff to prove falsity.
- Common Law Defamation: Requires a false statement, harm to reputation, published to a third party, and causation of damages.
- Constitutional Defamation: Requires "actual malice" for public figures/matters of public concern.
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Types: Slander (oral), Slander per se (oral; concerns specific topics; damages presumed), Libel (written); damages presumed.
- Public figures need to prove actual malice for a defamation case
Defamation - Constitutional
- Actual Malice: Requires knowledge of falsity or reckless disregard for the truth; Applicable for public figures.
Public vs. Private Figures
- Distinguished for defamation cases; public figures need to demonstrate actual malice to establish a claim
- Public figures are either pervasive, achieved fame, or holds of a public office or limited purpose(figure only pertains to special issues/purpose)
Private Person vs. Private Defendant
- Common law negligence is sufficient for actual damages in this case
Invasion of Privacy
- False Light: Widespread publication of false information considered highly offensive to a reasonable person.
- Public Disclosure of Private Facts: Publication of private, non-newsworthy facts (not necessarily false).
- Commercial Appropriation of Identity: Unauthorized use of a person's name or likeness for commercial purposes.
- Intrusion into Private Affairs: Intrusion into a place or space that a reasonable person would consider private.
Fraudulent Misrepresentation
- A false statement of material fact presented with scienter (knowledge of falsity or recklessness).
- Intent to induce reliance by the deceived party, who in turn suffers justifiable reliance and results in actual harm.
Business Torts
- Interference with Contract: Intentionally interfering with an existing contract between two parties, knowing of the contract, inducing a breach or making performance difficult. Resulting in financial loss to the party who incurred the breach
- Interference with Prospective Business Relationship: Knowingly interfering with a prospective business relationship, acting solely to interfere, and employing improper means
Negligence
- Elements: Duty, breach, causation (actual and proximate), and damages.
- Duty: Obligation to act reasonably to avoid harming others (foreseeable plaintiffs).
-
Breach: Failure to meet the standard of care.
- Reasonable Person Test: Considering typical behavior.
- Professional Standard of Care: Following appropriate standards for professionals.
- Special Duties: Violation of statute, omission to act, landowner/occupier duties.
- Causation: "But for" cause connecting breach to harm; proximate cause reflecting appropriateness/foreseeability of the harm.
- Damages: Actual harm, not just the violation itself.
Defenses to Negligence
- Basic Defenses: Denial, statute of limitations, failure to mitigate damages.
- Affirmative Defenses: Comparative/Contributory Negligence, assumption of risk
- Good Samaritan Laws: Protect those helping in emergencies, but limits liability to acting to the extent of your skill/knowledge.
Strict Liability & Products Liability
- Strict Liability: Liability without negligence; applicable to abnormally dangerous activities, defective products, and certain animal ownership situations.
- Products liability: Manufacturers or sellers are liable for defective products causing injuries to consumers or users
Products Liability Theories
- Strict Liability Approach: Defective product placed into commerce causes damages (a causal link from defect to harm)
- Negligence Approach: Suppliers breach the duty of care in manufacturing or selling a product (a causal link from negligence to harm)
- Express Warranty: Promises regarding product quality causing injury or lack of performance
- Implied Warranty: Unstated understandings about product quality leading to injury or lack of performance
Defenses
- Unforeseeable misuse; unforeseeable alteration of product; assumption of risk; contributory/comparative negligence.
Damages
- Damages resulting from negligence claims or products liability claims.
Important Cases
- Several landmark cases are mentioned in the provided text, highlighting key aspects of particular tort claims.
Additional Points
- This is a complex subject, and individual cases require careful analysis of the specific facts and applicable legal principles.
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Description
This quiz explores the essential concepts of tort law, including the types of torts and the damages involved. Learn about intentional and unintentional torts, along with compensatory and punitive damages. Test your knowledge and understanding of how tort law operates to protect individuals and their properties.
