Gbl exam essay

Occurs when one person intentionally puts another in reasonable fee Of an imminent offensive or harmful bodily contact Battery: Harmful or offensive touching includes pushing, punching, spitting, o r shooting. False Imprisonment: The intentional confinement of a person against the peers one’s will and without lawful privilege (ex.

Being handcuffed or locked in a room or car). Defamation: Involves false and defamatory statement concerning another. M just be false, communicated to a 3rd party and damaging to the victims reputation. Libel: Publication of defamatory matter in a physical form; actionable without proof of special damages.

Slander: Publication of defamatory’ matter in oral or online form; not action able without proof unless it imputes serious moral defamation’s. Conversion: When property is stolen, destroyed, or used in a manner incisions tent with the owner’s right. Its criminal counterpart is theft. Trespass to Chattels: Defendant intentionally interferes through physical count act or dispossession.

Intent to act, not motive, is required, with actual damages shoo Dispossession involves taking items from plaintiffs possession without cones NT, blocking plaintiffs access to them, or destroying them while in Plaintiffs possession. Trespass to Land: Defendant enter plaintiffs land or causes a person or thing to do so. Defendant remains on plaintiffs land after privilege to remain expires. Intent only is needed; manner may be direct or indirect. Negligence: The most common tort, intent is not needed. Conduct which falls below the legal standard for protection of others against unreasonable risk of harm. Objective e test of defendant’s actions compared to that which a reasonable person would do in the same situation. Anticipating what others may reasonably do should regulate condo CT.

Reasonable Standard: Requires that we act with the care and good judge meet of a reasonable person as not to cause injury to others. Defense to Negligence: Contributory negligence: Defendant may not have to pay, his negligence may only have been part of the problem (some states) Comparative negligence: Applies when a plaintiff is partially at fault therefore the defendants payment will be reduced (most states) Assumption of the risk: If plaintiff is aware of the danger, but decides to subject CT themselves to the risk anyway Negligence Per Se: Violation of a standard of care set by statute. Example: injury ring a pedestrian while illegally drunk driving. Conditions are as follows… ; Statute prohibits or requires action.

; Defendant’s actions violate statute. ; Plaintiffs injuries are the kind the statute was designed to protect against. ; Plaintiff is within the group the statute was designed to protect. Product Liability: Liability associated with harm caused by a consumer produce t. Initially, only seller was at risk, now liability extends through entire chain of manufacture. Strict Liability: Concept where liability results, regardless of fault. Strict liability goes not involve fault, but rather liability for abnormally dangerous activities where hard m results or where products liability is involved No Fault: Nonfatal systems generally exempt individuals from the usual liability for causing body injury if they do so in a car accident; when individuals purchase “ liability” insurance under those regimes, the insurance covers bodily injury of the insured and the e insured’s passengers caused by a car accident, regardless of which party would be liable e under ordinary common law tort rules.

Nonfatal insurance has the goal of lowering pr minimum costs by voiding expensive litigation over the causes of accidents, while providing quiz KC payments for injuries or loss of property. Further, nonfatal systems often grant “ set” or “ fixed d” compensation for certain injuries regardless of the unique aspects of the injury or the individual al injured. Nonfatal Threshold: Significant or permanent loss of an important bodily funny ion, permanent injury within a reasonable degree of medial probability, significant ‘ permanent scarring or disfigurement or death.

Worker’s Compensation: The law requires that every employer subject to the Act must revive some way of assuring that it can pay benefits to its workers should the eye become injured. Most employers in Michigan provide this security by purchasing an in assurance policy from a private insurance company. This eliminates fault in cases of injury by a n employee while working. Proximate Cause: An event sufficiently related to a legally recognizable injury to be held to be the cause of that injury Agency. A relationship between two persons in which one acts on behalf Of the e other Principal (P): is bound by acts of agent Agent (A): acts on behalf of principal, subject to Principals control Detour: Occurs when an employee or agent makes a minor departure from hi s employer’s charge.

Frolic: Constitutes a major departure wherein the employee is acting on his o win and for his own benefit rather than a minor sidetrack in the course of obeying an order FRR mom the employer Patent: A patent grants an inventor exclusive rights to make, use, sell, and IM port an invention for a limited period of time, in exchange for the public disclosure of the invention. Acquired through application, examination and grant. Copyright: A copyright gives the creator of an original work exclusive rights to the work including works in creative, intellectual, or artistic forms) for a limited time. C forthright does not cover ideas and information themselves, only the form or manner in which the eye are expressed. Acquired by creation, declaration and registration. Trademark: A recognizable sign, design or expression which identifies product s or services of a particular source. Acquired through interstate commerce, registration. Trade Secret: A formula, practice, process, design, instrument, pattern, or co immolation of information which is not generally known.

License: A contract between licensor and licensee. Licensor grants to licensee the right to practice the technology claimed in the licensed patent.