Ch 6: Tort - *** Test***

person's failure to use reasonable care must actually have caused the injury, cause and effect relationship between the act and the injury suffered, limitations through proximate cause (foreseeable risk of injury)

causation

to punish wrong doer, only awarded for reprehensible, malicious acts

punitive remedy

remedies are provided for the invasion of various protective interest like personal physical safety, protecting property, protecting certain intangible interests

purpose of tort law

orally defamed, temporary by nature, must prove special damages

slander

Judgement

the final result of the trial.

civil wrong that causes loss or injury to another

tort

to enter another's land without consent or to remain there after being asked to leave

trespass to land

taking or harming without consent, the personal property of another

trespass to personal property

Evidence

includes anything that the judge allows to be presented to the jury that helps to prove or disprove the alleged facts

10. Sam keeps a pet snake in her apartment. While Sam is hosting a party at her apartment, the snake escapes from its cage and bites a guest, seriously injuring the guest. The guest knew before attending the party the Sam has a pet snake in her apartment. If the guest sues Sam for injury resulting from the cobra bite, Sam:

A) Will be strictly liable

Assault is the unauthorized and harmful or offensive physical contact with another person.

False In terms of assault liability, threats of future harm are not actionable.

Converter

A thief is said to be a ________

2. What is the theory behind the doctrine of respondeat superior?

A) Torts committed by an employee working for an organization will result in the employee and the employer being held liable under tort law.

Battery

An intentional breach of the duty

9. ____ is the communication of false and destructive information about an individual through the use of electronic devices.

B) Cyberdefamation

4. ____ involves any false statement communicated to others that questions the quality of an item of property or that raises uncertainty as to who actually has legal ownership rights to the property in question.

B) Disparagement

7. Which of the following is an element of negligence that occurs if the alleged tortfeasor has not met the appropriate standard of care?

C) Breach of duty

3. If Ann sued Sharon for assault, without any factual basis, and the jury ruled in favor of Sharon, Sharon in turn may sue Ann for:

C) Misuse of legal procedure

6. Defamation in a temporary form, such as speech, is:

C) Slander

5. Which of the following is true of survival statute?

D) It preserves the right to bring a lawsuit for personal injuries, no matter what caused the death(s).

1. Tort law differs from criminal law in that:

D) Tort law compensates the injured party's loss

8. ____ occurs when false statements or actions, or a combination thereof, are made by one party in a way that causes another party to rely on those misrepresentations and then suffers an injury/loss as a result.

D) fraud

Because defamation is defined as an untrue statement of fact, truth is a conditional, qualified defense to a charge of defamation.

False Because defamation is defined as an untrue statement of fact, truth is an absolute defense to a charge of defamation.

Battery is either the threat of immediate harm or offensive contact, or any action that arouses reasonable apprehension of imminent harm.

False Assault is either the threat of immediate harm or offensive contact, or any action that arouses reasonable apprehension of imminent harm.

In terms of negligence liability, the courts decide whether a duty of care is owed in specific cases by applying a subjective standard of care.

False In terms of negligence liability, the courts decide whether a duty of care is owed in specific cases by applying a reasonable person standard of care.

The negligent confinement or restraint of another person without authority or justification and without that person's consent constitutes false imprisonment.

False The intentional confinement or restraint of another person without authority or justification and without that person's consent constitutes false imprisonment.

Throwing a rock, shooting an arrow or a bullet, knocking off a hat, pulling a chair out from under someone, and poisoning a drink are not examples of actionable battery.

False Throwing a rock, shooting an arrow or a bullet, knocking off a hat, pulling a chair out from under someone, and poisoning a drink are all examples of actionable battery.

Under the doctrine of unintentional tort, commonly referred to as negligence, a person is liable for harm that is the unforeseeable consequence of his or her action.

False Under the doctrine of unintentional tort, commonly referred to as negligence, a person is liable for harm that is the foreseeable consequence of his or her action.

Defamation

If a false statement inures one's reputation, it may constitute the tort of __________

torts done on purpose

Intentional torts

appropriation of identity, intrusion into an individual's affairs, public disclosure of private facts

Invasion of privacy

tort

NEED TO KNOW FOR TEST: The elements of a ____ are: 1- A duty 2- A breach 3- An injury 4- Causation

injury causing behavior that is not intentional or negligent, no privity requirements, ultra hazardous activity (ex. explosives, wild animals, poisons)

Strict Liability in Tort

Punitive Damages

The jury might award her additional damages referred to as ________ _______. These are always available where an intentional tort has been committed.

Verdict

The jury's decision

Negligence

The most common tort

Invasion of Privacy

The unwelcome and unlawful intrusion into one's private life so as to cause outrage, mental suffering, or humiliation

"Merchant protection" statutes allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if there are reasonable grounds for the suspicion, suspects are detained for only a reasonable time, and investigations are conducted in a reasonable manner.

True

Even though a defendant's act may have breached a duty of care owed to the plaintiff, this breach is not actionable unless the plaintiff suffers injury.

True

In terms of negligence liability, a defendant's negligent act must be the causation in fact of the plaintiff's injuries.

True

The tort of disparagement is also known as trade libel.

True

The tort of intentional infliction of emotional distress is also known as the tort of outrage.

True

The tort of misappropriation of the right to publicity is also called the tort of appropriation.

True

Tort is the French word for a "wrong."

True

Vicarious Liability

When one person is liable for the torts of another, the liability is called __________

Proximate Cause

When the amount of causation is great enough for it to be recognized by the law, it's called _________ _____

Contempt of Court

Willful, unexpected failure to appear

Expert Witness

a witness who possesses superior knowledge about important facts

Subpoena

a written order by the judge commanding a witness to appear in court to give testimony.

malicious prosecution, abuse of process

abuse or frivolous litigation

placing another in immediate apprehension for his/her physical safety, has to have knowledge of act

assault

unwanted, harmful or offensive touching of another

battery

intentional misrepresentation of a material fact that is justifiably relied upon by someone to his/her injury *a lie for a personal gain

fraudulent misrepresentation

Fraud

ccurs when there is an intentional misrepresentation of an existing important (that is, a lie.)

if any fault of plaintiff, recovery is reduced proportionally

comparative

$ to compensate a plaintiff for actual losses, put plaintiff in same position as if the tort hadn't happened

compensatory remedy

Testimony

consists of statements made by witnesses under oath.

wrongfully possessing or using personal property of another

conversion

publication of untrue statements about another that hold the person's reputation to contempt and ridicule

defamation

False Imprisonment

depriving a person of freedom of movement without the person's consent and without privilege.

publication of untrue statements that ridicule the business, product or quality

disparagement of property

a person doing something has the duty to use reasonable care and skill around others to avoid injuring them

duty of care

a duty of care, breach of a duty of care, cause of injury, damage

elements for cause of action in negligence

Trespass to land

entry onto the property of another without the owner's consent

Strict Liability

exists even though the defendant was not negligent.

intentional unjustified confinement of a nonconsenting person, common in shoplifting

false imprisonment

outrageous conduct that carries a strong probability of causing severe mental distress

intentional infliction of emotional distress

party meant to do what they did, intends to commit act, need not be done with a harmful motive

intentional torts

in writing or permanent form

libel

Damages

monetary award to the injured party to compensate for loss.

failure to exercise reason able care that foreseeably causes injury, conduct creates a risk of injury, risk must be foreseeable by reasonable person

negligence

does not have actual knowledge of its falsity, but owes duty of care to supply correct information

negligent misrepresentation

Assault

occurs when one person intentionally threatens to physically or offensively injure another.