BLAW TEST 2

pure comparative negligence

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.

Torts against social responsibility

Categories of intentional torts include all but which of the following?

Slander

Defamation that is made orally is called ___________.

Libel

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

Punitive damages

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.

Compensatory damages

are designed to reimburse a plaintiff for his or her losses. (damages are based on damage or harm to property, lost wages or profits, pain and suffering, medical expenses, and other actual damages.)

Torts against persons

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

Strict Liability tort

defendant commits a(n) ______ tort, he or she is liable for the plaintiff's damages without any requirement for the plaintiff to prove that the defendant was negligent.

Identify the elements that a plaintiff must prove to win a negligence case.

duty, breach of duty, causation, and damages

Strict liability is liability without ______.

fault

In most states, proximate cause is determined by ______.

foreseeability

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

intentional

Assumption of the risk

is a defense available to defendants where a defendant must prove the plaintiff voluntarily undertook the risk the defendant caused.

Tort

is commonly defined as a wrong or injury to another, other than a breach of contract. In fact, tort is a French word meaning "wrong."

Actual cause

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

Negligent tort

occur when a defendant acts in a way that subjects other people to an unreasonable risk of harm.

Intentional tort

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

Fraudulent misrepresentation

occurs when one uses intentional deceit to facilitate personal gain.

Strict-liability torts

when a defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.

Assault

when one person places another in fear or apprehension of an immediate, offensive bodily contact.

Disparagement

a business tort that occurs when a statement is intentionally used to defame a business product or service.

Invasion of Privacy Torts

appropriation, intrusion, public disclosure of private facts, false light, intrusion on an individual's affairs or seclusion

Private nuisance

A _____ 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.

breach of

A defendant's violation of a duty of care owed to the plaintiff is known as a(n) ______ that duty.

Personalty

A person commits trespass to ______ by temporarily exerting control over another's personal property or interfering with the true owner's right to use the property.

Self-defense

The most common defense to battery

Assumption of the risk is a defense to a negligence claim.

Which of the following is a true statement regarding the use of assumption of the risk as a defense available to defendants?

consumption of the harm

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?

Defamation

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

Conversion

______ occurs when a person permanently removes personal property from the owner's possession and control.

Intentional interference with contract

______ occurs when someone intentionally takes an action that causes a person to breach a contract she or he has with another.