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Exam (elaborations)

LES305 Questions and Answers

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tort o :# tortus- crooked, dubious, twisted. Some type of interference with someone or someones property that results in insert to persons or property Examples of tort o :# trespassing, littering What is the aim of tort o :# recover costs of restoring the damage Tort vs crime o :# tort is ...

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  • September 2, 2024
  • 34
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • LES305
  • LES305
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2024/2025 1|Page




LES305 Questions and Answers
tort

o :# tortus- crooked, dubious, twisted. Some type of interference with someone or

someones property that results in insert to persons or property




Examples of tort

o :# trespassing, littering




What is the aim of tort

o :# recover costs of restoring the damage




Tort vs crime

o :# tort is a private wrong. With tort, the party who was injured is entitled to

collect compensation for the damages from the wrongdoer for the private wrong.

Crime is public and wrongdoer must pay debt to society




intentional tort

o :# deliberate action- battery




negligance tort

o :# accidental tort

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strict tort liability

o :# you are responsible no matter what?, product liability... company can be

heard liable for injuries when a customer misuses product from not enough

warnings




defamation

o :# an true statement made by one party or another about a third party. slander is

verbal, libel is written

elements of defamation:

1. a statement about a persons reputation, honesty, or integrity, that is untrue

2. publication

3. a statement that is directed at a particular person

4. damages

5. in some cases, proof of malice




Grand resort Hotel v TripAdvisor LLC

o :#




Privilege speech

o :# strong public interest supports protecting the speech regardless of whether it is

true. eg, speaking in court, a town meeting, police office

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absolute privilege

o :# a defense to defamation- can say what they want




quantified privilege

o :# provide limited liability for defamation- whistle blowers, made in good faith,

verification is critical




contract interference

o :# tort where parties are not allowed the freedom to contract without

interference from third parties




tortious interference with contracts

o :# tort where parties are not allowed the freedom to contract without

interference from third parties




tortus interference

o :# someone intentionally persuades another to break a contract already in

existence




false imprisonment

o :# detention of a person for any period of time- such as if someone shoplifts

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Shopkeeper's Privilege

o :# right of a store owner to detain a suspected shoplifter based on reasonable

cause and for a reasonable time without resulting liability for false imprisonment




intentional infliction of emotional distress

o :# debtors who were harassed by creditors




intrusion into plaintiffs private affairs

o :# stalkers photographing




3 torts invasion of privacy

o :# 1. intrusion into the Plaintiff's Private affairs

2.Public Disclosue of private facts

3.Appropriation of Another's name, likeness, or image for commercial advantage




Bullard v MRA Holdings

o :# -14 year old exposed herself to two men video taping her, ended upon girls

gone wild. They did not obtain her permission. She sued




two types of negligence

o :# -contributory negligence

-comperative negligence

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