Key Terms
Example
Customer slips on store's icy walkway, breaks a leg. Ambulance crashes on the way to hospital and customer dies.
Civil (tort)
Preponderance of the evidence — more likely than not.
Criminal
Beyond a reasonable doubt — far higher standard.
Definition
The defect is in the instructions or warnings, not the product itself.
Defenses to Assault/Battery
1. Consent (boxers in a match) 2.
Innocent trespass
Entry by mistake or with mistaken belief of permission. Willful trespass: Intentional entry knowing permission was absen
Justified trespass
License holders (meter readers, utility workers) and emergency rescue situations.
Examples
Dynamite use, transporting dangerous chemicals, keeping wild animals, nuclear and radioactive materials, offshore drilli
Four elements plaintiff must prove
1. A contract exists between plaintiff and a third party.
Public figures
Must prove actual malice — that the speaker knew the statement was false OR acted with reckless disregard for the truth.
General rule
People are free to act as they choose as long as they don't harm others. Strangers generally owe no duty to each other.
Fiduciary duty
Duty to act with utmost faith, trust, and candor.
Applies to
Doctors, lawyers, accountants, corporate officers (toward patients, clients, shareholders).
Plaintiff must prove
1. Defendant broke a law.
Common uses
Traffic violations (reckless driving tickets); dog bite cases.