Business Law Name
________________
Chapter 4 - The Law
of Torts Date
_________________
I. The _________ of _________ are based on the ___________ the ____________
A. Rights we have because we are __________ of society.
1. Right to be ________ from ____________ harm.
2. Right to ________ a good ________________.
3. Right to conduct _____________ without unwarranted ___________________.
4. Right to have ones property ______ from damage or _______________.
5. Rights that arise because of ___________________ circumstances. (i.e. You have the right to expect __________ care from health care providers).
B. Our ________is to avoid ________________ the Rights of Others.
C. _______
1. Def. - A _______________ ______ against the ____________ at large.
2. ______________ prosecutions are brought by the ________ to ____________ wrongdoers and _______________ the public.
D. __________ - Not a crime, one person's ______________ with another's ________ , either through _________, negligence, or strict liability.
1. _____________ - A person who __________ a tort.
2. tort ____________ - Are brought ______________ ___________________ by the ________ person's to recover money as _____________ for the loss of injury suffered.
3. Remember, a __________ is ________ a ________, but in some situations the wrongful _______ can be _________a tort and a crime.
4. Example 1, pg. 50
II. _______________ Tort
Def. - A ________ that occurs when a person ____________ and ____________ the consequences of his/her act (____________tort - determination of _____ is lacking).
A. Assault &
1. ________________
a. _____________to strike or harm with a physical movement resulting in ________.
b. i.e. "I'm going to cut you to ribbons"
c. Assault _____ is different from assault ______.
1) In the tort of assault the _______ must know that the __________ has _________ to harm him/her (otherwise - no ________ no harm).
2) In criminal law - an assault is an _________ battery and it is ______ necessary for the intended victim to be ______ of the attempt (can be carried out against an ___________ victim and be considered a crime but not a tort).
2. ________________
a. Unlawful, _____________ touching of someone.
b. The touching does _______ have to be harmful, it can be _____________ touch even if the wrongdoer is to ________ or to ________.
B. ____________
1. Def. - A wrongful ________ or ______________ with the "______________" of another person.
2. ______________- Everything you can ______ (cars, CD's, land, plants, etc.).
3. Example 2, pg. 52
4. _________- Belongs to the owner of property as high as they can ______________ ______ it.
C. ______________
1. Def. - Anything that ____________ with the _____________ of life or property.
2. Examples: loud noises at night, noxious odors
3. ________Nuisance - Affects a _____group of people.
4. ________Nuisance - Affects _____ person only.
D. ________ Imprisonment (False _________)
1. Def. - Unlawful ____________ of a person, whether in __________ or otherwise.
2. Popular in detaining ____________ (reasonable).
E. _____________________
1. Def. - The wrongful act of ___________ another person's _____________ while making __________ statements.
2. Divided into 2 categories (_________/___________)
3. __________ - False statement in ___________ or printed form that ______________ that person's _____________ or reflects ____________ on that person's ______________.
4. _____________ - Similar to libel, except that the false statement is made ___________ to a third party.
5. ____________ be sued if the statement is made without ________ or ______ _________.
6. "_____________ ___________" protects the ______debate of legislature or judicial matters.
7. Persons in the ________ ______________ must prove ________ ___________ to have grounds for a lawsuit (________ ____________ - The statement was ________ with the _______________that it was _________ or reckless ____________ for if it is true or false.)
8. ___________ ____________ - Whenever someone's honesty, character, or integrity has been __________ on the ______, that person has the _________ to a __________ using _______ air time within _______ week of the __________.
F. _____________ of ______________
1. Def. - __________________ with a person's right to be ________ alone.
2. In _______ this right was established by creating a _____________ but in _____________ it was established by ______________ the Constitution.
3. The Federal __________ Act of 1974 - provides safeguards for individuals ___________ the invasion of ___________ by _____________ of the federal government.
4. Businesses holding "_______________" papers must keep them confidential, or they may find themselves in a lawsuit for ___________ __ _______________.
5. Using someone's _______________ without _____________ for advertising, etc. is also an invasion of privacy.
III. ____________________
Def. - An ______________ or _____intentional tort. The ______________ to exercise the degree of care that a ________________ person would have exercised in the same
circumstances.
A. ____ Elements of Negligence (_____ _______ be proven)
1. _________ of ________________
a. Duty _____ to __________ the rights of others.
b. Example 4, pg. 55
2. ____________ of _______________
a. Breach of Duty is committed by ____ exercising the degree of _______ that a ________ person would exercise in that ________ situation.
b. "____________ ____________" can not be called an average person, normal person, etc. it _____ be very ______________(objective test).
3. ______________ ___________
a. Def. - Something that _____________ a result and without which the _________ would ____ have occurred.
b. _______________ _________ is to be done, "Was the ________ to the plaintiff foreseeable at the __________ the defendant engaged in the _________________ conduct?"
c. Example 5, pg. 56
4. _______________ ___________
a. There must be ________ of the ______ suffered.
b. Did the plaintiff ____________ physical injuries, property ____________, or financial ________?
B. ____________ to ________________
1. To ____________ yourself in a ________________ lawsuit one of the following 4 ___________ ________ be _________________.
a. They can _________ that they owed ____ ___________ to the plaintiff.
b. That their ____________ ______________ to the ______________ _____________ standard.
c. That their _________ was not the proximate __________ of the plaintiff's _____________.
d. That the plaintiff ____________ ___ injuries.
2. Other _______________
a. ________________ Negligence
1) Def. - ____________ on the part of the plaintiff that __________ in ___________his/her injuries.
2) Any __________ of negligence on the part of the plaintiff causes the them to ________ the suit, therefore ________ states ___ __________ follow this doctrine.
b. ________________ Negligence
1) The negligence of ______ party is ___________.
2) The ____________ of the plaintiff's __________ is ____________ by the % of his/her negligence.
3) Most states follow the "_____ ______ _______" - The plaintiff is allowed to _________ part of the _________ as long as his or her negligence was __________ than the_________ , if it __________ __% he/she recovers ___________.
4) Example 7, pg. 57
c. _____________ of _____________
1) Defendant must be able to ________ that the plaintiff knew the _________ ___________ and still took the __________ of being injured.
2) i.e. "Individuals at a baseball game trying to catch balls."
IV. The ____________ of ________ ___________
A. Certain _______________ are so _______________ that the law will _____ apply the ___________ of Negligence nor the ____________ of Intentional Torts.
1. The risk is of such a ________ that no amount of _________ will _____________ that risk.
a. using ____________
b. keeping ________ animals
B. Also Popular in _________ ___________ Cases
1. People being ___________ by __________ in products they _______ in the __________ place.
2. This manufacturer is ____________ regarding of ____________ if the product __________ caused the injury.
3. Doesn't ___________ if the seller of the product doesn't __________ engage in the sale of such items.
V. Survival & Wrongful Death ______________
A. __________Statutes - Allow a _____________ to be brought even if the plaintiff and defendant are _____________ (unlike English Common Law).
1. True ___ matter what the __________ of death.
2. Common if the tort _________ the ___________ of ____________ or __________ property and the right to bring __________ for personal injuries.
3. All __________ suits are brought or defended by the lawful ______________ of the state of the deceased.
B. _________________ Death Statutes
1. Preserve the ___________ of the __________ parties ____________ by the ____________ of a person to _____________ a lawsuit.
2. Preserves the ________ to bring a ____________ only if the death is __________ by the ___________ or the _____________ conduct of the defendant.
3. Usually ____________ to __________ members who have __________ the ____________ of the deceased (husbands, wives, children, and parents).
VI. _____________ for Torts
A. When the wrongdoer _____________ a tort, the victim can usually be ______________ by receiving ________________ damages.
B. In some cases _________ will not ____________ the injured party for _____________ .
1. ________________ - A court __________ issued by a ____________ ordering a person to _____ or ______ to do something.
2. ____________ of _____________ is only available in _______________ circumstances where _____________ damages will not ___________ re-pay the ______________ party.
If you ___________ the __________ of the Judge you are _____________ of _____________ of _____________ and _________ and sent to ______.