ch 7 sb

Suppose that a negligence case is tried in a pure comparative negligence jurisdiction and the jury determines that the defendant was 30 percent responsible for the plaintiff's harm and that the plaintiff was 70 percent responsible for her own harm. The plaintiff's damages are $100,000. How much money, if any, will the plaintiff recover from the defendant?

$30,000

______ cause is the determination that a defendant's breach of duty resulted directly in the plaintiff's injury.

Actual

Which of the following is a true statement regarding the use of assumption of the risk as a defense available to defendants?

Assumption of the risk is a defense to a negligence claim.

Which of the following is an inaccurate statement regarding battery?

Assault and battery are always synonymous.

Which of the following is a true statement regarding assault?

Assault does not require actual bodily contact.

______ is a defense available to defendants where a defendant must prove the plaintiff voluntarily undertook the risk the defendant caused.

Assumption of the risk

Which of the following need not be proved by a plaintiff to bring a successful claim of intentional interference with contract?

The defendant was a third-party beneficiary of the contract between two parties.

In asserting the contributory negligence defense, the defendant must prove which of the following?

The plaintiff's conduct fell below a reasonable standard of care and contributed to his or her injury.

______ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which no compensable damages were suffered by the plaintiff.

Nominal

Which of the following is an accurate statement regarding nominal damages in tort cases?

Nominal damages signify that a plaintiff has been wronged by a defendant even though the plaintiff suffered no compensable harm.

Identify the torts that are collectively called invasion of privacy torts. (Check all that apply.)

Public disclosure of private facts Intrusion on an individual's affairs or seclusion Appropriation for commercial gain False light

______-liability torts occur when a defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.

Strict

Contributory negligence as a defense applies in cases in which ______.

both the defendant and the plaintiff were negligent

A defendant's violation of a duty of care owed to the plaintiff is known as a(n) ______ that duty.

breach of

In the context of defamation, what does "intentional publication" mean?

communicating a false statement about someone to a third party

Which of the following is not a defense that relieves the defendant from liability even when the plaintiff has proved all four elements of negligence in a negligence case?

consumption of the harm

Libel can occur ______.

in a magazine or a newspaper

Assault is an example of a(n) ______ tort.

intentional

Torts against persons are ______ acts that harm an individual's physical or mental integrity.

intentional

Torts are most commonly classified as ______ torts.

intentional, negligent, or strict-liability

Which of the following is not an example of trespass to realty?

intentionally causing a victim to experience severe emotional distress

Four distinct torts, collectively called invasion of privacy torts, protect an individual's right to _____.

keep certain things out of public view even if they are true

Proximate cause is also referred to as ______ cause.

legal

If defamation is published in a permanent form, it is known as ______.

libel

In a ______ comparative negligence jurisdiction, courts calculate damages in the same manner as a pure comparative negligence jurisdiction, except that the defendant in a case must be more than 50 percent at fault before the plaintiff can recover.

modified

______ damages are based on damage or harm to property, lost wages or profits, pain and suffering, medical expenses, and other actual damages.

modified

A(n) ______ tort occurs when a defendant is careless to someone else's detriment.

negligent

Which of the following is not a required element of battery?

negligent (by the defendant)

Suppose a negligence case is tried in a modified negligence jurisdiction and the jury determines that the defendant was 40 percent responsible for the plaintiff's harm and that the plaintiff was 60 percent responsible for her own harm. The plaintiff's damages are $100,000. What amount of money, if any, will the plaintiff recover from the defendant?

nothing

Using one's property in a manner that causes a neighbor to be subjected to flooding, vibrations, excessive noise, or smoke could lead to a(n) ______ claim.

nuisance

A person commits trespass to ______ by temporarily exerting control over another's personal property or interfering with the true owner's right to use the property.

personalty

Trespass to personal property is also called trespass to ______.

personalty

Torts against ______ are intentional acts that harm an individual's physical or mental integrity.

persons

The ________ has the burden to prove all four elements of a negligence case.

plaintiff

A _____ nuisance occurs when a person uses his or her property in an unreasonable manner that harms a neighbor's use or enjoyment of his or her property.

private

According to the ______ defense, the court determines the percentage of fault of a defendant, and the defendant is then liable for that percentage of the plaintiff's damages.

pure comparative negligence

Trespass to realty is also called trespass to ______.

real property

When conversion occurs, the true owner can ______.

recover damages for the full value of the converted item plus any additional damages that resulted from the loss

Tort is a French word meaning ______.

wrong

Which of the following is not a requirement for proving a strict liability case?

a negligent or intent-based act on the part of a defendant

______ occurs when a person permanently removes personal property from the owner's possession and control.

Conversion

There are ______ types of damages in tort cases.

three

Identify a purpose of awarding punitive damages in a tort case.

to deter others from engaging in an activity similar to the defendant's

Which of the following is a purpose of awarding punitive damages in a case?

to punish the defendant

A ______ is commonly defined as a wrong or injury to another, other than breach of contract.

tort

Which of the following is a recognized category of intentional torts?

torts against economic interests

Categories of intentional torts include all but which of the following?

torts against social responsibility

Negligence is behavior that creates a(n) ______ risk of harm to others.

unreasonable

Once a plaintiff has established that the defendant owes her a duty of care, she must prove that the defendant's conduct ______ that duty. This violation is called a breach of duty.

violated

______ occurs when one uses intentional deceit to facilitate personal gain.

Fraudulent misrepresentation

When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider all but which of the following questions?

How likely was it that a crime would be committed?

Which of the following need not be demonstrated to establish that a fraudulent misrepresentation exists?

A party who made a misrepresentation was a merchant typically involved in buying and selling the types of goods involved in the subject transaction.

______ damages are based on damage or harm to property, lost wages or profits, pain and suffering, medical expenses, and other actual damages.

Compensatory

______ is the intentional publication of a false statement harmful to an individual's reputation.

Defamation

______ is a business tort that occurs when a statement is intentionally used to defame a business product or service.

Disparagement

Which of the following is not an accurate statement regarding disparagement?

Disparagement and unfair competition can be used interchangeably.

______ torts occur when a defendant takes an action intending that certain consequences will result or knowing certain consequences are likely to result.

Intentional

______ occurs when someone intentionally takes an action that causes a person to breach a contract she or he has with another.

Intentional interference with contract

Which of the following is an accurate statement regarding negligence?

Negligence involves the failure to exercise reasonable care to protect another's person or property.

______ torts occur when a defendant acts in a way that subjects other people to an unreasonable risk of harm.

Negligent

When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider all but which of the following questions?

Would another individual have intended to cause the harm?

A(n) ______ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.

assault

Which of the following is not a defense in an action for battery?

assault

Identify the elements that a plaintiff must prove to win a negligence case.

duty, breach of duty, causation, and damages

Actual cause is also known as cause in ______.

fact

Strict liability is liability without ______.

fault

Which of the following is the most common defense to battery?

self-defense

Defamation that is made orally is called ___________.

slander

If a defendant commits a(n) ______ tort, he or she is liable for the plaintiff's damages without any requirement for the plaintiff to prove that the defendant was negligent.

strict-liability

Which of the following is not a tort classification?

felony

In most states, proximate cause is determined by ______.

foreseeability

Which of the following is not an element that a plaintiff must prove to win a negligence case?

intent