Bus Law Ch. 10 Torts

Strict Liability Tort

A civil wrong that occurs when a defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes. The defendant is liable for the plaintiff's damages without any requirement that the plaintiff prove that the defendant was negligent.

negligent tort

A civil wrong that occurs when the defendant acts in a way that subjects other people to an unreasonable risk of harm (i.e., the defendant is careless, to someone else's detriment). Negligence claims are usually used to achieve compensation for accidents and injuries.

Identify a feature of the tort of fraud.

A victim of fraud must justifiably rely on a misrepresentation and must suffer some injury.

intentional tort

A wrongful act knowingly committed.

Identify some of the elements that make up negligence in the context of torts. (Check all that apply.)

Causation in fact. Existence of a duty of care owed by the defendant to the plaintiff. Unreasonable behavior by the defendant that breaches the duty.

Identify the true statements about duty of care. (Check all that apply.)

Duty of care toward a person determines whether one owes the person reasonable care. Duty of care usually arises from a person's conduct or activity.

In the context of intentional torts, identify a true statement about the broader meaning of intent.

In some circumstances, it includes results that are substantially likely to result from an action.

Identify a true statement about willful and wanton negligence.

In this type of negligence, an injured plaintiff can recover punitive as well as actual damages.

_______, an important element in intentional torts, is defined as the desire to bring about certain results.

Intent

Contributory negligence

It absolutely bars the plaintiff from recovery if the plaintiff's own fault contributed to the injury in any degree, however slight.

Identify an example of intentional interference with contractual relations.

Josh attempts to hire personnel who are under contract to a rival employer.

Identify the three major types of compensatory damages that potentially follow tort injury. (Check all that apply.)

Past and future medical expenses. Past and future pain and suffering. Past and future economic loss.

_________ defects are those that arise when the products are not manufactured to the manufacturer's own standards.

Production

In a negligence suit, the plaintiff must prove that the defendant actually caused an injury. The courts term this _____.

cause in fact

In the context of torts affecting business, while suing on the basis of an intentional infliction of mental distress, the plaintiff is usually required to prove that the defendant's behavior _____.

caused not only mental distress, but also physical distress to the plaintiff

In the context of the defenses to allegations of negligence, comparative responsibility is different from contributory negligence in that the former _____.

compares the plaintiff's fault with the defendant's and reduces the damage award proportionally

The major types of loss that potentially follow tort injury are called

compensory damages

_____ is the wrongful exercise of dominion (power) and control over the personal (nonland) resources that belong to another.

conversion

Courts or juries punish defendants for committing intentional torts and for negligent behavior considered "gross" or "willful and wanton" by asking them to pay _____________damages.

punitive or exemplary

A person doing something has a duty to use ______ care to avoid injuring others.

reasonable

The negligence standard duty of care applied to professionals is that of the _________ professional.

reasonable

Dram shop acts impose strict liability on ____ owners.

tavern

To attain a successful assumption-of-the-risk defense in a lawsuit, it is important _____.

that the assumption made by the plaintiff was voluntary

To enter another's land without consent or to remain there after being asked to leave constitutes the tort of to ________________land.

trespass

Courts impose strict liability in tort for activities such as transporting and using explosives and poisons. These are referred to as _____________________activities.

ultrahazardous

Courts impose strict liability in tort for activities such as transporting and using explosives and poisons. These are referred to as_________________ activities.

ultrahazardous

A fraud of failure to disclose arises when a defendant is _____.

under a legal duty to disclose a fact

Libel

written defamation

The _____ defense to negligence arises from the plaintiff's knowing and willing undertaking of an activity made dangerous by the negligence of another.

assumption-of-the-risk

When the carelessness of two or more tortfeasors contributes to cause a plaintiff's injury, tort law handles such cases by _____.

making each tortfeasor jointly and severally liable for the entire judgment

The media is not liable for defamation against public officials unless the official can prove the untruths were published with ________.

malice

The tort of _____ ______arises from causing someone to be arrested criminally without proper grounds.

malicious prosecution

In the context of negligence cases involving professionals, the negligence of professionals is called _____.

malpractice

In a hardware store, while demonstrating the use of a new piece of machinery, an employee accidentally injures a customer. The customer can hold the employee and the store liable on the grounds of _____.

negligence

Is an area of tort liability that deals with situations where a person who has a duty to act reasonably instead acts carelessly and causes injury to another person.

negligence

Identify the principal invasions of personal interest that comprise the tort of invasion of privacy affecting business. (Check all that apply.)

A defendant's intrusion upon a plaintiff's physical solitude. A defendant's public disclosure of highly objectionable, private information about a plaintiff. A defendant who appropriates the plaintiff's name or likeness for his or her own use

Which of the following is true of the tort of trespass?

It concerns the crossing of an owner's boundaries.

Identify the true statements about strict products liability. (Check all that apply.)

It deals with the sale of unreasonably dangerous defective products. It is applicable only to "commercial" sellers.

Comparative responsibility

It does not bar the plaintiff's recovery because of some form of negligence.

Which of the following are true of the tort of malicious prosecution? (Check all that apply.)

It is often called false arrest. It occurs when an arrest is accomplished simply to harass someone.

Identify a true statement about injurious falsehood.

It is similar to defamation of character as a cause of action.

Which of the following is an activity on which the courts would impose strict liability in tort for being ultrahazardous?

Keeping dangerous wild animals

Identify the accurate statements about punitive damages. (Check all that apply.)

Punitive damages are awarded for dangerously negligent conduct. The key to the award of punitive damages is the defendant's motive.

True or false: Strict liability is imposed on a party regardless of whether that the behavior is negligent or intentional.

Strict liability is imposed regardless of whether the behavior is negligent or intentional.

_____ is a major type of strict tort liability for the commercial sale of defective products.

Strict products liability

Identify the basic defenses to a claim of defamation. (Check all that apply.)

The statements made were true. The statements arose from privileged communications.

Most states in the United States have statutes that permit merchants or their employees to reasonably detain customers suspected of shoplifting. In the context of the tort of false imprisonment, identify the factors that can cause merchants or their employees to lose this statutory privilege. (Check all that apply.)

The unnecessary use of force. An unreasonable length of confinement. Lack of reasonable suspicion of shoplifting

Which of the following is true of torts?

They set limits on people's actions so that they do not violate the rights of others.

True or false: In cases of willful and wanton negligence, the plaintiff has to prove that the intent of the defendant was to cause injury to the plaintiff to recover punitive and actual damages.

This is false. In cases of willful and wanton negligence, the plaintiff does not have to prove that the defendant intended to cause injury to the plaintiff in order to recover punitive and actual damages.

True or false: According to the First Amendment, news media are not liable for the defamatory untruths they print about public officials and public figures unless plaintiffs can prove that the untruths were published with "malice" or with "reckless disregard for the truth."

This is true. Because of the First Amendment, special rules regarding defamation apply to the news media. These media are not liable for the defamatory untruths they print about public officials and public figures unless plaintiffs can prove that the untruths were published with "malice" (evil intent, that is, the deliberate intent to injure) or with "reckless disregard for the truth."

True or false: In the context of torts affecting business, intentional infliction of mental distress is considered a battery to the emotions.

This is true. In the context of torts affecting business, intentional infliction of mental distress is considered a battery to the emotions. It arises from outrageous, intentional conduct that carries a strong probability of causing mental distress to the person at whom it is directed.

True or false: Punitive damages are used to punish those who commit aggravated torts and act to deter future wrongdoing.

This is true. Punitive damages are used to punish those who commit aggravated torts and act to deter future wrongdoing. Because they make an example out of defendants, punitive damages are sometimes called exemplary damages.

tort

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.

Is the publication of untrue statements about another that hold up that individual's character or reputation to contempt and ridicule.

defamation

A characteristic of the tort of conversion is that it _____.

deprives owners of their lawful right to exclude others from such resources

The statutes imposing strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons are called _____.

dram shop acts

While contesting a case of injurious falsehood or trade disparagement, the plaintiff must _____.

establish the falsity of the defendant's statements

The intentional unjustified confinement of a nonconsenting person is known as the tort of __________________ __________________.

false imprisonment

The tort of ________________is an intentional misrepresentation of a material fact that is justifiably relied upon by someone to his or her injury.

fraud or deceit

If employees are under contract to an employer for a period of time, another employer cannot induce them to break their contracts. If the other employer does so, that employer would have committed the tort of _____ with contractual relations.

intentional interference

The tort law that deals with _____ states that before an advertiser uses an individual's picture or name, the advertiser must obtain a proper release from the individual to avoid possible liability.

invasion of privacy

One defense to defamation is to assert that the statement was ______________communication.

privledged

represents the proposition that those engaged in activity are legally liable only for the foreseeable risk that they cause.

proximate causation

In the context of the element of negligence in intentional torts, the _____ doctrine requires an injury to be caused directly by a defendant's negligence.

proximate cause

Slander

spoken defamation

Is a catchall phrase for the legal responsibility for injury-causing behavior that is neither intentional nor negligent.

strict liability