Chapter 6a daily double

when a _______ privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim

absolute

under a conditional privilege, a party will not be held liable for defamation unless the false statement was made with ________

actual malice

a ______ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact

assault

which of the following is not a typical type of compensatory damage?

attorney fees

Mike gets angry because ben made a better grade on a test than he did. They get into an argument, and mike takes a swing at ben intending to hit him. ben shoves mike in order to avoid the blow. which of the following is true regarding bens actions?

ben has not committed an assault or a battery bc he acted in self defense

bob, who has a large trust fund, is angry at Alice bc she stopped dating him. Alice ran a successful dog grooming shop but bob decided to open a dog grooming shop next door solely to run her out of business bc he was angry over the break up. Which of the following is correct?

bob has committed the tort of unfair competition

a false statement of a material fact regarding ownership of business property that results in a loss of sales is referred to as

slander of title

____ torts occur when the defendant takes an action that is inherently dangerous and cannot be ever undertaken safely, not matter what precautions the defendant takes

strict liability

under which of the following situations does the tort of trespass to realty occur?

when a person causes an object to be placed on the land of another with the landowner's permission, when a person stays on the land of another when the owner tells him to depart, and when a person refuses to remove something he placed on the property that the owner of the property asked him to remove

which of the following is a tort?

a wrong or injury to another, other than a breach of contract

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

negligent

Defense of property is a defense to the offense of battery only if the property involved had a value over $1000

False

Robby calls Bobby on the telephone and threatens to come over and break his nose. Which of the following is true?

Robby's conduct does not constitute an assault because there is no question of immediate bodily harm

which of the following is true regarding the tort of fraudulent misrepresentation?

a party who makes fraudulent misrepresentations must intend that other parties rely upon misrepresentations; the injured party must have reasonably relied upon the misrepresentations; and the injured party must have suffered damages because of reliance upon the misrepresentations

a plaintiff in a negligence suit may choose whether the plaintiff wishes pure comparative negligence or modified comparative negligence to be applied by the court.

false

according to the pure comparative negligence defense, a defendant must be more than 50% at fault before the plaintiff can recover

false

assumption of the risk is a doctrine which makes it easier for a plaintiff to prevail in a lawsuit

false

good Samaritan statutes impose liability upon people for refusing to stop at accident scenes

false

implied assumption of the risk occurs when the plaintiff expressly agrees, usually in written contract, to assume the risk posed by the defendant's behavior

false

more than half the states remain contributory negligence states

false

punitive damages awards in Japan are common and often very large

false

when negligence per se applies, the plaintiff is required to show that a reasonable person would exercise a certain duty of care toward the plaintiff

false

which of the following is true of the term "tort"?

french word meaning "wrong"

___________ torts occur when the defendant takes an action intending that certain consequences will result or knowing that certain consequences are likely to result

intentional

which of the following are common classifications of torts?

intentional, negligent, and strict liability

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

nominal

which of the following would typically be public figures for purposes of the public figure privilege to actions for defamation?

politicians and entertainers

which of the following was the result in Morris v Walmart, the case in the text in which the plaintiff sued the defendant after slipping in water allegedly from a freezer?

that the plaintiff could rely on the theory of res ipsa loquitor

which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others?

the communications decency act

which of the following is true regarding the intent needed for an intentional tort?

the intent at issue is intent to harm that results in an injury, physical or economic, to another

a person who commits a tort is often referred to as a?

tortfeasor

which of the following is a category into which intentional torts are divided?

torts against persons, torts against property, and torts against economic interests

Privilege is an affirmative defense in a defamation act

true

The communications decency act gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others.

true

consent, if proven, is a defense to battery.

true

in some situations, the law specifies the duty of care one individual owes to another

true

simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists

true

strict liability is liability without fault

true

the courts generally hold that landowners have a duty to protect individuals on their property

true

to use the assumption of risk defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of actual harm the defendant caused

true

tort law is primarily state law

true

which of the following may a person accused of defamation raise as a defense?

truth and privelege