MGT 325 Ch 7 Concepts

Negligence per se literally means ______.

"negligence in or of itself"

Res ipsa loquitur literally means ______.

"the thing speaks for itself"

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

Identify the torts that are collectively called invasion of privacy torts.

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

Which of the following are doctrines that have been adopted by courts to aid plaintiffs in establishing negligence claims?

- negligence per se - res ipsa loquitur

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

Intentional

Which of the following is an inaccurate statement regarding a Good Samaritan statute?

It imposes strict negligence liability on a passerby who assists a person in need even though the assistance was given gratuitously.

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

Actual

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

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

Compensatory

______ damages are designed to reimburse a plaintiff for his or her losses.

Compensatory

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

Defamation

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?

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.

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

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

intentional

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

negligent (by the defendant)

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

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 no matter the amount of fault of each party.

pure comparative negligence

Which of the following types of damages is not available in tort cases?

Liquidated.

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.

______ 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

______ is an affirmative defense to a defamation action.

Privilege

Which of the following is an incorrect statement regarding slander?

Slander and libel are synonymous.

Libel can occur ______.

in a magazine or a newspaper

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

libel

Where can an absolute privilege arise?

in a courtroom

Which of the following is not a primary objective of tort law?

to punish wrongdoers

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

tort

The person who has committed a tort is often referred to as the ______.

tortfeasor

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

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

When does negligence per se apply?

when a defendant has violated a statute designed to protect the class of individuals to which the plaintiff belongs from a certain type of harm

The assumption of risk defense is available ______.

where the plaintiff willingly assumed as a risk the harm that was suffered

Tort is a French word meaning ______.

wrong

When a(n) ______ privilege exists, one cannot be sued for defamation for any false statements made.

absolute

A(n) ______ defense occurs when the defendant admits to an accusation but argues that there is a reason he or she should not be held liable.

affirmative

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

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

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.

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

assault

______ 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.

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

communicating a false statement about someone to a third party

Actual cause is also known as cause in ______.

fact

Strict liability is liability without ______.

fault

There are ______ type(s) 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 primary objective of tort law?

to provide compensation for injured parties

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

to punish the defendant

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

unreasonable

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

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

plaintiff

Contributory negligence, comparative negligence, assumption of the risk allow defendants to ______ negligence claims.

rebut

A plaintiff uses the doctrine of ______ to allow the judge or jury to infer that, more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care.

res ipsa loquitur

To recover damages in a case of slander, the plaintiff must prove ______ damages; that is, the plaintiff must show specific monetary loss that resulted from the defamatory statements.

special

______ statutes attempt to encourage selfless and courageous behavior by removing the threat of liability.

Good Samaritan

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

Jackie negligently causes serious physical and economic harm to Roberto in a car crash. In the negligence action, Jackie would be referred to as the ______.

tortfeasor

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

intentional

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

persons