Civil Law Questions

fraud exist only when a person represents as a fact something he or she knows is untrue

trespasser liable for damage caused to the property-generally cannot hold the owner liable for injuries sustained on the premises

-party initiate a lawsuit-did so out of malice-without probable cause (a legitimate legal reason)-lose that suit--party can be sued for

-land-things permanently attached to the land-house-real property

business persons devise countless schemes to attract customers-forbdden by courts to interfere unreasonably in another's business--in attempts to gain a share of marker

apply to any person sing a legal process against another-in an improper manner-to accomplish a purpose for which it was not designed-does not require proof that the defendant acted out of malice/lost a prior legal proceeding

elements1. a valid, enforceable contract must exist between two parties2. a third party must know that this contract exist3. 3rd party must intentionally cause either of the 2 parties to break the contract

wrongful interference with another's business rights-with contractual rel-with business rel

-landowner have a duty to post a notice that property is patrolled by guard-trespassers can be removed from the premises--through the use of reasonable force--without the owner's being liable for assault and battery

occurs when a person without permission-enters onto, above, below the surface of a land--that is owned by another-causes anything to enter onto the land--remains on land--permits anything to remain on it

-walking/driving on the land-shooting a gun over the land-throwing rocks at a building that belongs to someone else-building a dam across a river (causing water to back up on someone else's land)-placing part of one's building on an adjoining landowner's property

-trespass to land-trespass to personal property-conversion-disparagement of proeprty

e.g. if a shopping center contains 2 shoe stores-employee of store A cant be at entrance of Store B to divert customers

courts consider legitimate competitive behavior permissible even if it results in the breaking of a contract

moral pressure/threats of future harm constitute false imprisonment?

normally the absolute defense against a defamation charge

-lynne spears (britney's mom) write that sam lufti (former manager) contributed to britney's mental breakdown-lufti filed a lawsuit: alleging defamationsuccess?

reasonable force used to remove intruders from one's home-usually great bodily farm can never be used-but sometimes can use whatever is necessary to protect one's harm-few states=can do whatever to protect his automobile

use a person's name/picture/other likeness for commercial purposes without permission

defamatory statements made in press about public figures are privileged if they are made without