What is the main defense to negligence? What are additional defenses to negligence?
- A defendant can successfully defend against a negligence action by establishing the lack of any of the four essential elements of negligence.
- Additonal defenses are:
- 1. Contributory negligence
- 2. Comparitive negligence - the plantiff's negligence in caring for his own self-interst bars recovery under porportion of damages equal to his proportion of negligence
- 3. Last clear chance doctrine - responsibility falls on party who had the last definite opportunity to avoid innury
- 4. Assumption of risk doctrine
- 5. Release
What are the four areas that tort immunities may apply?
- 1. Government functions - the king can do no wrong
- 2. Public official immunity
- 3. Charitable immunity
- 4. Intra-familial immunity.
Three types of contracts affect liability. What are they?
- 1. A liquidated damages agreement establishes in advance the amount of damage a party will pay for negligence
- 2. Hold-harmless agreement (indemnity) A. often a contractor agrees to indemnify and hold B. often an owner harmless for any liability to third persons that B may incur due to A's activities.Although hold harmless agreements are allowed in court,theyhave no effect on B's tor liabilitys' B merely gains the contractual right to be indemnified by A.
- 3. Exculpatory agreement - A (often a shipper) agrees not to sue B (often a common carrier) for any loss A might sustain due to B's negligence.
- Corts sustan exculpatory clauses if they are not against public policy.
What is battery?
Intentional, hostile or offensive, touching of another, without his consent.
What is assault?
Intentionally making someone resonably apprehensive of imminent bodily contact.
What is false imprisonment?
intentional unlawful detention of another.
What is false arrest?
intentional unlawful pohysical restraint of another.
What is defamation?
(slander and libel) involves ublication (communicatin to a third person) of false statements inurious to another's reputation.
What is slander?
It is oral defamation (slander involves either making the original statment or repeating it.
What is libel?
written defamation (including TV or radio broadcasts).
What is invasion of privacy?
involves violating an individual's right to be left alone or to be protected from unauthorized publicity
What is malicious prosecution?
the improper institution (initiation) of criminal proceedings, with malice, and without probably cause (grounds that would lead a resonable person to believe the plantiff committed the act that is the basid of the proceedings).
What is trespass?
any violatin of anothe's exclusive use or possesion )not ownership) of real or personal property without permission.
What is conversion?
- intentional, unlawful, control over tangible, movable personal property of another to the detriment of the person entitled to control it including:
- 1. wrongful taking - as if theft or fraud,
- 2. wrongful transfer - erroneaus deliver or illegal sale.
- 3. wrongful detention - usually by a bailee
- 4. wrongful damge or alteation - vandalism
- 5. misuse of chattel - using another's sauto beyond the scope of permissin granted.
What is nuisance and what is private vs intentional nuisance?
- Nuisance occurs when a landown'er use of his land interferes with another's rights.
- A private nuisance is the unreasonalbe ulawful interference with another's right to quiet enjoyment of his real property.
- Intentional nuisance arises when a person knowlingly interferes with another's quiet enjoyment.
What was the 1916 MacPherson vs Buick Motro Co. decison?
it eliminated the need for contractual privity between the product's manufacturer and its immediate buyer. t was later extended to a perosn who negligently repaired a product.