6.1 Tort Law

Which of the following is NOT slander per se?

. A statement that another has engaged in unwelcome construction of a residence or commercial property.

Which of the following is NOT an element of the tort of wrongful interference with a contractual relationship?

A third party must unintentionally cause one of the parties to break the contract

Punitive Damages

Awarded in tort cases to punish the wrongdoer and to deter others from similar wrongdoing

The basic purpose of tort law is to punish criminal wrongdoers.

False

General Damages

Intended to compensate individuals (but not companies) for the nonmonetary aspects of the harm suffered from a tort, such as pain and suffering

Special Damages

Intended to compensate the plaintiff for quantifiable monetary losses, such as medical expenses

Which of the following is not an element of fraudulent misrepresentation?

The misrepresentation of opinions.

. Which of the following are the two broad classifications of torts? Select two.

Unintentional torts, Intentional torts

Which of the following has nothing to do with false imprisonment?

You are made fearful of unwanted and possibly harmful contact with another person.

Battery

an unexcused and harmful or offensive physical contact intentionally performed

Assault

any intentional and unexcused threat of immediate harmful or offensive contact

A person who engages in unexcused and harmful or offensive physical contact against someone else has committed:

battery

Because an intentional tort requires intent, a harmful motive is required.

false

Stiles is much stronger than Ben. He threatens to beat Ben, then punches him in the face, and knocks out a tooth. Ben will probably bring a lawsuit against Stiles:

for assault and battery, because there was both a threat and a harmful action.

Steps toward limiting tort damages in a number of states include all of the following except:

increasing the burden of proof in negligence cases.

Hank may be able to sue his neighbor Larson for(blank) if Larson sends Hank a text message telling him that his wife was killed in a car accident even though Hank knew that was untrue.

infliction of emotional distress

Compensatory Damages

intended to compensate or reimburse a plaintiff for actual losses

Defamation (libel or (blank)) consists of a false statement of fact, not made under (blank), that is communicated to a third person and that causes damage to a person's reputation. For public figures, the plaintiff must also prove that the statement was made with actual (blank). Invasion of privacy is publishing or otherwise making known or using information relating to a person's (blank) life and affairs, with which the public has no legitimate concern, without that person's (blank) or (blank).

slander, duress, malice, private, permission, approval

A person who commits a tort is known as a

tortfeasor