Business and Civil Law Torts Summary- Cheat Sheet PDF

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TORTS SUMMARY/CHEAT SHEET: 1 page summary of torts and details for study for exam ...

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Tort: (wrong) consist of failure to fulfill a private obligation imposed by law- obligation to plaintiff. Private. –comp&deter DFNCES: CMPLT: Wont be held responsible for.. Consent -voluntarily (expressed/implied free&informed) agree to experience interference with body/land/goods LegalAuth , Self Defense: rt to protect oneself frm violence, Necessity: emergency. Tort not as bad as event avoided. PRTL: Provocation{words/actions=loose control}, Contributory Negligence {plaintiff part. responsible- not for battery/trespass} REMEDIES: 1.Compensatory (>contract, Chattels: Dmg/dstroy/ take/use movble forms of prprty. Rem: COMP-dependent on circmsntce. Trespass > Land 1)Intentional act 2)Causing person/object to interfere w. land. REM-comp/nomi/puni/inj dmgs DFNCE: LA. Conversion: theft tort-Acting as owner to some1elses prprty, interfere (take/use/buy/sell/dmg/dstry) enough to justify forced sale- Rem: Forced sale/Inj/ Comp. Detinue: Wrongful Detention; 1)Prprty rquested bck 2)Prprty not returnd DFNCE: Dfndt exercised ownership & the Duration of interference…*“The right of recapitation” Intrusion Upon Seclusion: 1)Intentionally 2)Invaded Plntffs affairs w/o legal jstfcation 3)In a way a rsnble person would fnd offnsve. Intentional Inflctin of Mntl strss: 1) Acted in unjustified manner 2)Intending or disregarding possibility of emo distrss 3)Cause plntff 2 suffer emo inj. Abuse of private info:Eng Courts, Naomi Campbell NA meeting. England Misapp. Of Personality: Unauth. Use of celeb img. To sell prod Business Torts Conspiracy: 2 or more agree to act together 2 cause eco injury. Lawful: Injury primary purpose. Unlawful: reasonable foreseeable-should know DFNCE: None. Intimidation: Coerces plaintiff (or 3rd prty causing plntff) to suffer loss. 1)Dfndnt threatn to comit unlawful act agnst plntff or 3 rd prty 2)Threatnd prty gives into intimdtion 3)Plntf sufrs loss = Unlawul Act& Effective. Interfrnce wth Contract Oblgtns: (Inducing Breach of Contract) 1)Def knows of Contract 2) Def intends for 3 rd prty to breach 3)Causes to break cntract 4)Plntff suffers loss

Unlawful Means Tort :commits unlawful act against 3rd prty causing plaintiff to suffer eco loss. *ship ex.* 1)defendant committed civilly actionable wrong against a third party 2)intention of causing the plaintiff to suffer an economic loss False Statements: Torts Relating to Reputation Deceit: 1)Def makes false statement 2)Knows statement actually false 3)Intends to mislead/hurt plntff 4)Plntff suffrs loss due to reasonable reliability on statmnt REM: as if statement was never said Defamation: 1)Def makes false stmnt 2)Publiction to 3rd prty 3)Plntffs reputation lowered in eyes of reasonable person -- Slander = prove financial loss --Libel = Loss assumed. Each publication = New tort .. no malice intent needed Defamatory Statement: Reasonably Believable, Lowers Opinion, Living people, Groups DFNCE: Justifiction- Actually true, Absolute Privilege: Complete immunity where ppl must spk w/o fear of liab. (courts,spouses etc.) Can be MALICE. Qualified Privilege- 1)Def has legal/moral/social obligt’n to make statement 2) to someone in interest.duty NO MALICE. Fair Comment- informed opinion on issues of public interest honestly held by “reasonable person” -applies 2 jrnlsm. Injurious Falsehood: (defamation against business)- Slander of Title or Slander of quality-1) Def makes false statemtns about plntffs business/property 2) Pubication to 3rd prty 3) Malicious Intent 4) Plntiff=eco loss – Must show proof loss was direct result of statement DFNCE: Justifiation/Truth, Qualified Privilege. Torts Relating to Land Occupiers Liabilty: Defendant/Occupier fails to take adequate precaustions to protect the plaintiff who is on their premises. Visitor: Trespasser-no intently harm, Licencee(Guest)protc frm knwn dngr, Invitee( Customer)protect frm unusul dngrs should have knwn abt, Contractual Entrant(hotel guest) premis safe as possible responsibility=Physical condition of property,Safety of customers from attack by others,Safety of persons injured by drunks after leaving the premises,Safety of people injured as a result of the business of selling alcoholic beverages,injury to themselves or others on the premises or after they leave Nuisance: Defendant unreasonable interferes with plaintiffs use of land REM:Comp&Injun DFNCE: LA, Statutory Authority Rule in Rylands v. Fletcher: Strict Liability [tort]- 1)Def makes nonnatural/unusual use of their land 2) something associated with that use escapes from Def land 3)Plntff =harm DFNCE: 1) Plntff Consent to unnatural use o land 2)Escape caused by 3rd party ( trespasser/nature) Defndnt couldn’t have guarded against. 3)Injury inevitable result of activity Def. had Statutory Authority ANALYZING INTENTIONAL TORTS - Identify plntff(s) & dfndnt(s)-more than one? -why? X can sue X because…Vicarious Liability? EXPLAIN - Identify the elements of the tort Type of tort- Intentional Tort – [is a civil wrong commited on purpose]. Which tort? – Elements! - Apply the facts to the elements Directly link facts to those elements - Identify the defence (if any) Defense will argue… In order to avoid liability… - Apply the facts to the defense Will Defendants defence be successful? Why/Why not. - Come to a conclusion regarding who is liable In my opinion the plaintiff will/not be successful bcuz…

-Address rmdies/dmgs The plaintiff would seek remedies of ____ for…

Negligence Torts Name dfndt&plntff *explain what reasonable person means: prudent/safe *explain negligence: “An unintent tort: A wrongdoing not done intentionally -:When plain carelessly causes plain 2 suffr loss/injury” 1) Was duty owed? Was it reasonably forseeable tht plntf b injurd by def act or omission? “In this case… therefore…owed? ““Did___owe a duty?” owed a duty to any1 tht we can reasnbly anticipte be harmed by our conduct Test4duty: reasonably forseeable /proximity- physical+socialcommercial-mere casual connetion- reliance on rep(vol railway gate)/policy-floodgates 2) Was duty breached? “Did dfndt fail 2do what reasonable person would have done to avoid injury?” “Did def act as a careful___” 3) Causation But for the ____ carelessns, would the plntf hav sufferd same loss/inj? Yes/no there is/nt a link between injure & def/event 4) What Damages Resulted In this case the defdnt is liable for____of plaintfs loss.. WHY? Were the Damages reasonably forseeable? Yes/no- “Its reasonably 4seeable tht…” explain only prove defndt carelsns was A cause, not only cause(predispsitn). Remoteness: if harm was rsnbly 4seeble=dsnt matter that how it occurred wasn’t. not accntble for loss too remote Thin Skull Rule: even though injuries were grter than avg prsn, as long as dmgs resnbly 4seeble, defndt acctble 4 all dmgs Intervening Act: event that occurs after def caused initial injury: liability if orig neg. increasd risk of subsqnt injury. -Damages- compensatin- financial? STATE WHY? 4 what? -Defences- Contributory Neg,- loss caused by both def/plntf, did plntff brech own stndrd of care? Less than 30%on plntf PARTIAL Voluntary Ass.oRisk,- plntff gave up rt to sue(legal&physcl disclaimer) illegality- occurred durn illegal act Insurance: Double recovery not usually permitted -Calculate… Rsnble prsn test: no lower standard for anyone(xcpt chldrn) reasonable person takes cautions via conceivable risks, likelihood&severity, affordable precautions(child taxi), social utility/ emerg. (4 standard of care- def acts less careful) Stndrd Care4 Manufac Gdz(Product Liab): no strictL- but assumed wit carelss manfctrng/prodct dsgn, failure to warn dangers.. Ex. Snail Stndrd Care4 Profesh(Profesh Neg):cont/tort/agencies must live up to profesh standard:even if lying about cred, ^ expectation4 specialist, no spec accom for novice. “Reasonable person” test is more specific a rural (country) doctor will be held to rural standards, not the standards in a city.the professional does not have to be perfect – must act competently. Law/engineer/accnt = NO LGL DSCLMR Auditors and Accntnts immunity from lawsuits for profesh neg. Careless stments&acts diff: 1)hidden dngrs:stmnts hardr to prv, 2)wrds more volatile than deeds 3)Crlss stmnts usuly reslt in pure economc loss. Crts mor reluctant to prvd comp carels stmnts:duty owed when- serious question:busness meet – Inquiry:person should assume answer b relied upon. – Financ.Beneft: paid4 stmnt, ppl dnt pay4 info n not rely. - stsmnt of fact:rely on profesh opin but not personal opn. STMNT MUST B USED INTENDED AUDNCE & PURPS Fiduciary Duty:fiduciary must alwys put clnts 1st, Duty of good faith

imposed on a person who stands in a relationship of trust to another Insurance: Double recovery not usually permitted...