To ensure the best experience, please update your browser. -Priviledged (or Immune) Speech which have two types: Tort Law also safeguards these rights through the tort of invasion of privacy. The defendant breached that duty and endangered the health and safety of the plaintiff. The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk. In determining whether the duty of care has been breached, courts consider several factors what are they? 1) A valid, enforceable contract must exist between two parties. If a professional violates his or her duty of care toward a client, the client may bring a suit against the professional, alleging what? Even if the rightful owner consented to the initial taking of the property, a failure to return the property may still be conversion. Defamation laws protect the reputations of individuals and other entities (such as businesses) from untrue and damaging statements. A plaintiff is awarded COMPENSATORY DAMAGES to compensate or reimburse the plaintiff for actual losses. exceptions to the burden of proving special damages in cases alleging slander are made for certain types of slanderous statements. Let us consider each one in detail. __________________ occurs when economically injurious falsehoods are made about another's product or property rather than about another's reputation. It looks like your browser needs an update. Misrepresentation of facts or conditions with knowledge that they are false or misleading OR with reckless disregard for the truth; Tort: Wrongful Interference with a Contractual Relationship. To recover damages, the plaintiff must have suffered some loss, harm, or wrong, or invasion of a protected interest. In order to meet a prima facie (on its face) case for negligence a plaintiff must definitively prove the following four elements: Even if a plaintiff proves all the elements of a tort, the defendant can raise a number of legally recognized DEFENSES. Public policy favors free competition, and these torts protect against tortious interference with legitimate business. Step #5: Damages - It must be established the plaintiff was injured (non-economic injuries or economic harm) as a result of the defendant's action. Intentional Torts:Intentional Infliction of Emotional Distress (IIED), IIED: Element of Extreme and Outrageous Conduct, General Damages (include harm to reputation) are PRESUMED, Defamation: Types of statements deemed "slander per se", Defamation Defenses: Privileged Communication, Defamation Defenses: 2 Types of Privileged Communication. Disclaimer: This work has been submitted by a law student. ___________________ is under which a bar's owner or bartender may be held liable for injuries caused by a person who became intoxicated while drinking at a bar. In deciding whether the requirements of causation is met, the court must address two questions what are they? The area of tort law known as negligence involves harm caused by failing to act as a form of carelessness possibly with extenuating circumstances. Essentially, what is the purpose of tort law? Intentional and Unintentional torts (those involving negligence). There are two broad classifications of torts? A trespass to land occurs when a person, without permission, does what three things? Name: _____/ 71 points Chapter 4 Test â Tort Law Part 1 â Multiple Choice/True False (2 points each) 1. Unintentional Tort: A type of unintended accident that leads to injury, property damage or financial loss. Although assault, battery, and wrongful death may be intentional torts that are the basis of civil actions, they can also be crimes. Tort law determines whether a person should be held legally accountable for an injury against another, as well as what type of compensation the injured party is entitled to. The Four Elements of a Tort Personal injury law, also known as tort law, addresses civil disputes between two parties where one party is seeking financial compensation from the other.These cases typically involve someone who was injured (plaintiff) and the other party who caused the injury in â¦ (Invading someone's home or searching someone's laptop without authorization.). Physical barriers, physical restraints, or invasion of privacy under common law from unreasonably with... Intended to cause an apprehension of harmful or offensive contact -- the elements a... There are four elements to a cause of action where a plaintiff may assert a CIVIL case. 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