buslaw05 tort law
TRANSCRIPT
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1. Differentiate between the objectives oftort law and those of criminal law.
2. Discuss the element of duty.
3. Identify the principal intentional torts andoutline the elements of each.
4. Determine the four elements of
negligence.
TORT LAW
Chapter Outcomes:
Chapter 5
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5. Contrast contributory negligence,
comparative negligence, and assumption ofthe risk.
6. Judge whether the doctrine of strict liability
applies in a particular case.
7. Outline the various remedies available in
tort law.
TORT LAWChapter 5
Chapter Outcomes (continued):
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8. Distinguish between survival statutes and
wrongful death statutes.
9. Discuss the concept of damage caps.
10. Identify the principal innovations suggested
for modern tort reform.
TORT LAWChapter 5
Chapter Outcomes (continued):
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Tort Law Defined
Tort Law Versus Criminal Law
Respondeat Superior
The Element of Duty
55--11
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55--11
1. The primary purpose of tort law is to
protect the entire society.
Topic Quiz
FALSE
Answer the following true/false questions:
That is criminal law.
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55--11
2. A duty is an obligation placed
on individuals because of law.
Topic Quiz
TRUE
Answer the following true/false questions:
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55--11
3. A duty can be violated only by intent or
through negligence.
Topic Quiz
FALSE
Answer the following true/false questions:
Also under the theory of strict liability.
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Intentional TortsAssault and Battery
False ImprisonmentDefamation
Invasion of Privacy
Infliction of Emotional Distress
Interference with a Contract
55--22
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LawLINKS
Chapter 5Chapter 5
Sources of information about tort law can be
accessed at:
http://www.law.indiana.edu/law/
v-lib/tort.html
The site is named Tort Law from the WWW
Virtual Law Library.
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55--22
2. False imprisonment is
also known as false
arrest in some states.
Topic Quiz
TRUE
Answer the following true/false questions:
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55--22
3. The actual malice test in defamation cases
is not applied when the defendant iseither a public official or a public figure.
Topic Quiz
FALSE
Answer the following true/false questions:
It may be applied to all persons.
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Negligence
Elements of NegligenceDefenses to Negligence
55--33
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A Question of Ethics
In Example 5-6, when the Transglobal mechanics
failed to prepare the landing gear properly, they could
not foresee that the fire truck would have a blowout,smash into a light pole that would hit Carbonaris car,
and damage both the car and the laser disk player in
the trunk. Therefore, legally, their conduct was not
the proximate cause of the damage to the car and the
laser disk player. However, would Transglobal owe an
ethical duty to reimburse Carbonari for the damages
that were inflicted on his car and his laser disk
player? Explain.
55--11
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55--33
1. A legal duty must exist
between the parties before
liability through negligence
can be established.
Topic Quiz
TRUE
Answer the following true/false questions:
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55--33
2. The reasonable person
test is an objective test.
Topic Quiz
TRUE
Answer the following true/false questions:
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55--33
3. Proximate cause is the
connection between the
unreasonable conductand the resulting harm.
Topic Quiz
TRUE
Answer the following true/false questions:
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Strict Liability
55--44
Grounds for Strict Liability
Product Liability
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LawLINKS
Chapter 5Chapter 5
Trials Digest Publishing, Inc., maintains a
website at
http://www.trialsdigest.com
There is a fee attached to some informationon this site.
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55--44
1. Under strict liability, the court will hold a
tortfeasor liable only if the injuries to thevictim are intentional.
Topic Quiz
FALSE
Answer the following true/false questions:
For any reason.
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55--44
2. If a product is sold in a defective condition, but
the victim is a user of the product, not the
purchaser, then product liability cannot be
used by that victim in a lawsuit against the
manufacturer and the seller.
Topic Quiz
FALSE
Answer the following true/false questions:
It can be.
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55--44
3. In most states, product liability
is not available as a cause of
action if the only property
damaged is the product itself.
Topic Quiz
TRUE
Answer the following true/false questions:
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Remedies for Torts
55--55
The Right to Damages
The Right to an Injunction
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55--55
1. The compensation paid
to a victim of a tort is
known as damages.
Topic Quiz
TRUE
Answer the following true/false questions:
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55--55
2. Economic compensatory
damages are those that
are directly quantifiable.
Topic Quiz
TRUE
Answer the following true/false questions:
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55--55
3. Punitive damages are never permitted ina tort case.
Topic Quiz
FALSE
Answer the following true/false questions:
The are permitted.
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Tort Reform
55--66
Survival Statutes
Wrongful Death Statutes
Damage Caps
Modern Tort Reform
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55--66
1. Damage caps place upperlimits on the amount of
money that can be awarded
to a plaintiff in a tort lawcase.
Topic Quiz
TRUE
Answer the following true/false questions:
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55--66
2. An end user is a purchaser who is
involved in the production orassembly of a product.
Topic Quiz
FALSE
Answer the following true/false questions:
An end user is NOT involved.
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55--66
3. No states have permitted the use of
comparative negligence as an affirmativedefense in product liability cases.
Topic Quiz
FALSE
Answer the following true/false questions:
Some states have permitted the use.
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55--11 A tort is a private wrong that injures another
persons physical well-being, property, or
reputation.
The primary intentional torts include: assaultand battery, false imprisonment, defamation,
invasion of privacy, infliction of emtional
distress, and interference with a contract.
55--22
SUMMARY
55--33 Negligence is the failure to exercise the degree
of care that a reasonable person would have
exercised in the same circumstances.
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55--44 Under the doctrine of strict liability, when
people engage in ultrahazardous activities, they
are liable for any harm that occurs because of
that activity, regardless of intent or level of
care.
SUMMARY (continued)
Tort remedies include money damages and
injunctions.
55--55
Survival statutes allow a lawsuit to be brought
even if both the plaintiff and the defendant are
deceased.
55--66
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Key Termsactual malice assault
battery tort
comparative negligence tortfeasor
contributory negligence damage cap
damages defamationdefective condition duty
economic damages end user
false imprisonment injunction
infliction of emotional distress libel
interference with a contract invasion of privacy
non-economic damages negligence
respondeat superior slander
statute of repose strict liability
wrongful death statute punitive damages
Chapter 5Chapter 5
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Investigating on the Internet
Chapter 5Chapter 5
As a research assignment, access the
Association for California Tort Reform
(ACTR) at
http://www.actr.com/actr/
and write a report about tort reform
legislation in California. As an alternative
assignment, you might want to write a
report on current research being conducted
byACTR.
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Endof Presentation