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BLAW280
US
California State University, Northridge
| 7.1 Intentional Torts | 1. What is a TORT? | A tort is a civil wrong, an act or omission of an act by a person that can eventually results in injury or harm to another individual which leads to civil penatly through courts. |
| 2. What constitutes an intentional tort? | An intentional tort is when someone causes injury to another with the knowledge that they intend to do so. | |
| 3. What are the elements of these torts? | Assault: Threat of violence, apprehension on plaintiff's mind with the use of immediate force. | |
| Battery: Mental intention, physical conduct, damage or harm | ||
| IIED:Reckless or intentional conduct, extreme and outrageoud conduct, emotional distress. | ||
| Invasion of Privacy:Appropriation of Name or Likeness. Intrusion Upon Seclusion. False Light. Public Disclosure of Private Facts. | ||
| False Imprisonment: Intentionally restrianed or confined, absence of cosent, harm to victim | ||
| Trespass: interefrence in someone's possession, llegally, without consent, negligently entering into someone's property. | ||
| Defamation: A defamatory statement, should be made refering to the person | ||
| Fraud: Misrepresentation of statements, deceit, intentionally. | ||
| 7.2 Negligence | 1. Who do we owe duties to under the tort of negligence? | The duty of care is owned to every individual who can be harmed by the conduct of the defendant |
| 2. How can a duty be legally breached? | It is possible for a defendant to violate his or her responsibility by acting in a manner that is inconsistent with the reasonable man test or by failing to act in a circumstance where he or she is legally obligated to act. | |
| 3. How can causation, both actual and proximate, can affect liability? | Generally, courts will hold defendants accountable if the defendant's conduct were "proximate," meaning they were near enough for the chain of causation to have contributed directly to the plaintiff's injuries. One or more defendants' many activities that significantly contribute to the loss might be considered proximate causes under tort law. | |
| 4. What are the requirement to demonstrate damages in a negligence suit? | The damages can be calimedif the paintiff can prove that there is a duty, a breach of duty, cause, harm to the plaintiff. | |
| 5. What are the various defenses to negligence? | Contributory negligence, volenti non fit injuria | |
| 7.3 Strict Liability | 1. What is strict liability and when does it apply? | With Strict Liability, an individual or organisation is held responsible for damages and losses even if carelessness or error was not proven. Typically, in a lawsuit, the plaintiff must show that the defendant is responsible because of carelessness or fault on the part of the defendant. |
| 2. How can a product be unreasonably dangerous, triggering strict liability? | Legal action can be taken against the manufacturer of a device that is unreasonably harmful because of its design, or the risk of damage is greater than the advantages from using that product according to the manufacturer's instructions or in a way reasonably foreseen by that manufacturer. | |
| 3. How are product’s warnings and labels part of a product’s safe design? | Labels with safety and warning information are essential for informing customers and employees about potentially hazardous circumstances. It doesn't matter if it's a product's dangerous features or the product itself that need to be addressed; people who are vulnerable will be kept informed by clearly recognised and legible safety and warning labels. | |
| 4. What are the defenses available to strict product liability? | Lack of standing of product, no duty owed, assumption of risk, misuse of product, outside statute of limitations |
| 8.1 Personal Property | 1. What is the difference between personal property and real property? | Real property includes everything that is permanently linked to land, such as a house, a garage, a shed, or even a single rose flower in garden. If, on the other hand, it were movable, it would be considered personal property. |
| 2. What are the classifications of property? | Incorporeal and corporeal property are the classification of two types of property. There is a difference between corporeal and incorporeal property in that corporeal property can be seen and touched. Furthermore, corporeal property is the right to own material possessions, whereas incorporeal property is a right in rem that is held by an entity other than the owner. | |
| 3. What are the methods of acquisition of personal property? | possession, prescription, agreement, inheritance. | |
| 4. What is a bailment and the legal duties associated with a bailment? | It is possible to transfer possession of an asset without giving up ownership of the asset and bailment is a term used for this process. Possession rights are distinct from ownership rights in English Common Law. The strange effect of the difference is that in some countries an object's owner can steal his own property. The legal duties of bailment includes, taking proper care of the product, avoiding authorized use, return goods, sharing part of profit associated with the goods. | |
| 8.2 Real Property | 1. What is real property? | Real property includes land and any property that is immediately linked to it, as well as any subset of land that has been altered by legal human activities. Ponds, houses, reservoirs, canal, roads, and machines are all examples of real property that may be found in the world. |
| 2. What are the methods of acquisition of real property? | Possession, gift, inheritence, agreement, prescription | |
| 3. What is ownership interests and scope of interests? | It is possible to have an ownership interest in all of these things at the same time. A single owner means that just one individual has an ownership stake. Depending on how many parties are engaged, ownership interests are either split equally or according to how much money was invested by each party. whereas, scope of interest is applicabilty of laws governing and protecting interest. | |
| 4. What is the landlord-tenant relationship? | The relationship between a landlord and a tenant is most often associated with a living arrangement. The law governing landlord and tenant relationships differs from the law governing leases in this way. A lessor (landlord) and a lessee are two terms commonly used to refer to the people involved in a landlord and tenant relationship (tenant). |
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