LEGL. 3000 CH.4

Causation in fact usually can be determined by use of the:

"but for" test.

Defenses that a defendant can use to avoid liability in a negligence case, even if the facts are as the plaintiff states, are called:

affirmative defenses.

Retailers and other firms that explicitly or implicitly invite people to come onto their premises must usually exercise reasonable care to protect them, as they are:

business invitees.

Trespass to personal property is also called trespass to:

chattels.

A standard that enables both the plaintiff's and the defendant's negligence to be computed and the liability for damages distributed accordingly is called:

comparative negligence

Under previous law, a plaintiff who was also negligent could not recover anything from the defendant. This defense is called:

contributory negligence.

A valid defense to a claim for battery is:

defense of others.

The United States Supreme Court has held that, if an award of punitive damages is grossly excessive, it furthers no legitimate purpose and violates:

due process requirements.

Trespass to land occurs anytime a person, without permission:

enters onto, above, or below the surface of land that is owned by another. remains on the land or permits anything to remain on it. causes anything to enter on the land.

False imprisonment is defined as the intentional confinement or restraint of another person's activities:

without justification.

One element necessary to prove wrongful interference with a contractual relationship is that a:

third party must know that a contract exists.

A harmful or offensive physical contact which is intentional is:

a battery.

A licensee is:

a person who is invited onto the property of another for his own benefit.

A person will not be liable for the tort of wrongful interference with a contractual or business relationship if it can be shown that the interference was:

permissible.

Generally, the purpose of tort law is to provide remedies for the violation of:

protected interests.

The kind of damages designed to punish the wrongdoer and deter others from similar wrongdoing are called:

punitive damages.

Tort law measures duty according to the:

reasonable person standard.