Torts SIA

Assault and Battery contain identical prima facie elements. T/F

False

One of the required elements of a battery is that serious physical injury must be proven. T/F

False

Sam is angry with Raymond and tells him that he is going to go home and get his gun. Raymond is frightened. This constitutes assault. T/F

False

Verbal defamation is known as libel and written defamation is known as slander. T/F

False

A strict liability lawsuit is easier to prove than one based on negligence because under strict liability there is no:

Need to show that the defendant's negligence caused the defect

Susan goes to a hairstylist to have her hair trimmed. After she is finished, Susan is unhappy with her haircut and wants to sue the stylist for an intentional tort.

She will probably lose because she consented to having her hair touched.

An intentional tort occurs whenever:

Someone intends an action that results in harm to a person's body, reputation, emotional well-being, or property.

To prove the tort of intentional infliction of emotional distress, a plaintiff would have to prove:

The defendant committed an extreme and outrageous intentional act that caused the plaintiff severe emotional distress.

If a person was injured when an elevator unexpectedly fell twenty stories, to prove negligence the plaintiff's attorney might rely upon the doctrine of res ipsa loquitur. T/F

True

Negligence is a failure to act as a reasonably prudent and careful person is expected to act in similar circumstances (where the failure to act causes harm). T/F

True

The question of whether someone owed a duty usually revolves around whether the plaintiff was someone whom the defendant could foresee would be harmed by his or her actions. T/F

True

Truth is an absolute defense to a defamation claim. T/F

True

When considering the tort of battery, contact with a plaintiff's "person" can include anything connected to the plaintiff. T/F

True

In negligence cases, the plaintiff must prove two types of causation:

Actual and proximate cause.

The primary defenses available in intentional tort cases are:

Consent, self-defense, defense of third parties, and various types of privilege.

The person who commits a tort is known as the:

Tortfeasor

Matt lost his Introduction to Law text, so he "borrowed" Sam's copy without first asking Sam's permission. After using it to study for the exam, he gave it back to Sam. This is an example of

Trespass to chattel

A tort occurs when someone's person or property is hurt. T/F

True

Comparative negligence measures liability in percentages. T/F

True

Explain the concept of contributory negligence and the last clear chance doctrine

Contributory negligence is when the injured plaintiff did not act in a manner to avoid harm, possibly being a factor as to why the injury was suffered. In North Carolina, the "last clear chance" doctrine allows for the injured party to recover if it can be proven that the other party had the last clear chance to avoid the harm.

In order for a plaintiff to prove false imprisonment, she must be able to show that physical force was used to detain her. T/F

False

Suzanne told Sally that she thought Sally was a thief. This was said to Sally's face with no one else present. This is an example of libel. T/F

False

The civil side of theft is called conversion. T/F

True