1 of 103
Definition
- False statement
- About something that matters
- Knowledge statement was false
- Desire to mislead another party
- Which induces reliance
- And causes damages
, Elements of fraud defenses/privileges
Substantial factor test Examples of intentional torts
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2 of 103
Definition
- Cannot exceed 10x compensatory damages
- The reprehensibility of the conduct at issue
- Ratio of punitive damages to compensatory damages
- Comparable civil and criminal penalties for the same conduct
Examples of intentional torts defenses/privileges
Elements of fraud Limits on punitive damages
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, 3 of 103
Definition
would the injury have occurred "but for" the defendant's conduct
Self defense Res ispa loquitur
Actual cause test Trespass to personality
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4 of 103
Definition
intent to defraud
Slander Scientor
Negligence torts Libel
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, 5 of 103
Definition
- Public futures - publication must be knowingly false or published
with reckless disregard as to whether it was true or false (actual
malice test); Jury decides whether or not a person is or is not a
public figure
- Nonpublic figures - the publication was negligent
Proving fault (either by public
Limits on punitive damages
figures or private figures)
product seller is only liable if the
Joint and several liability
claimant's harm was caused by
Don't know?
6 of 103
Definition
an intentional misrepresentation
Invitees Privilege
Definition
- False statement
- About something that matters
- Knowledge statement was false
- Desire to mislead another party
- Which induces reliance
- And causes damages
, Elements of fraud defenses/privileges
Substantial factor test Examples of intentional torts
Don't know?
2 of 103
Definition
- Cannot exceed 10x compensatory damages
- The reprehensibility of the conduct at issue
- Ratio of punitive damages to compensatory damages
- Comparable civil and criminal penalties for the same conduct
Examples of intentional torts defenses/privileges
Elements of fraud Limits on punitive damages
Don't know?
, 3 of 103
Definition
would the injury have occurred "but for" the defendant's conduct
Self defense Res ispa loquitur
Actual cause test Trespass to personality
Don't know?
4 of 103
Definition
intent to defraud
Slander Scientor
Negligence torts Libel
Don't know?
, 5 of 103
Definition
- Public futures - publication must be knowingly false or published
with reckless disregard as to whether it was true or false (actual
malice test); Jury decides whether or not a person is or is not a
public figure
- Nonpublic figures - the publication was negligent
Proving fault (either by public
Limits on punitive damages
figures or private figures)
product seller is only liable if the
Joint and several liability
claimant's harm was caused by
Don't know?
6 of 103
Definition
an intentional misrepresentation
Invitees Privilege
