Chapter 7

Fraudulent Misrepresentation

- omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.

consent

- permission for something to happen or agreement

A private nuisance occurs when

- person uses his or her property in an unreasonable manner that harms a neighbor's use or enjoyment of his or her property.

conversion

- personal property is taken from the owner and given to someone else to use - fair market value paid

The ________ has the burden to prove all four elements of a negligence case.

- plantiff

proving a strict liability case?

- proving a strict liability case? - an activity not usually performed in the immediate community - an inherently dangerous activity

- 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

Private Nuisance

- occurs when a person uses her property in an unreasonable manner that harms a neighbor's use or enjoyment of his property

Slander of title

- occurs when false published statements are related to the ownership of business property.

Public disclosure of private facts

- occurs when someone publicizes a private fact about another that a reasonable person would find highly offensive

defenses that relieves the defendant from liability even when the plaintiff has proved all four elements of negligence in a negligence case?

- comparative negligence - contributory negligence - assumption of the risk

Defenses Available to the Defendant in a Battery Lawsuit

- consent - self Defense - Defense of others - Defense of property

give statements regarding battery?

- contacts that are harmless, if unwanted, - contact is intended as a joke, if a reasonable person would be offended - unwanted, intentional contact

Defenses to Negligence

- contributory negligence, -comparative negligence, - assumption of risk

disparagement

- damage to a businesses reputation

Compensatory Damages

- damages are based on damage or harm to property, lost wages or profits, pain and suffering, medical expenses, and other actual damages.

Which of the following is not an intentional tort against property?

- defamation

bodily contact

- does not necessarily have to be to you but also anything attached to you

Elements of Negligence

- duty - breach - causation - damages

Intentional tort vs negligent tort example

- i didn't intended to injure you -VS- i should've made sure to put wet sign on floor

Actual cause is also known as cause in ______.

- in Fact

Libel can occur ______.

- in a magazine or a newspaper

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

- intentional

defamation

- intentional communication to third party that i know is false - harmful to an individuals reputation

assault

- offensive bodily contact. - when one person places another in fear or apprehension of an immediate, - commonly defined as a wrong or injury to another, other than breach of contract.

If a person calls his former employer and falsely states that the employer's son was just arrested for a double homicide after a botched robbery attempt, the person has likely committed the tort of ______.

- intentional infliction of emotional distress

Defamation is

- intentional publication of a false statement harmful to an individual's reputation.

an accurate statement regarding negligence

- involves the failure to exercise reasonable care to protect another's person or property.

to inspect the premises and ensure that they are reasonably safe, also to warn of hidden dangers is the ?

- is the obligation a business property owner owes an invitee

Four distinct torts, collectively called invasion of privacy torts, protect an individual's right to ______

- keep certain things out of public view even if they are true

Assumption of Risk

- A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger.

Contributory Negligence

- A legal defense that may be raised when the defendant feels that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff.

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

- libel

true statement to an assumption of the risk as a defense available to defendants?

- a defense to a negligence claim

conditional privilege

- a party will not be held liable for defamation unless the false statement was made with actual malice

Who among the following is an example of a public figure?

- a politician

Which of the following is not a required element of battery?

- negligent (by the defendant)

Nominal Damages

- a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which no compensable damages were suffered by the plaintiff.

Conversion

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

A statement is made with ______ if it is made with either knowledge of its falsity or reckless disregard for its truth.

- actual malice

Intentional tort

- assault - battery - defamation

Assault VS Battery

- assault = intentional threat to bring harm. - Battery = Have to make bodily contact intentional touching/contact w/o consent (harmful or only offensive)

Contributory negligence as a defense applies in cases in which ______.

- both the defendant and the plaintiff were negligent

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

- breach of

"intentional publication" means

- communicating a false statement about someone to a third party

Negligence per se literally means ______.

- "negligence in or of itself"

Res ipsa loquitur literally means ______.

- "the thing speaks for itself"

Suppose that a negligence case is tried in a pure comparative negligence jurisdiction and the jury determines that the defendant was 30 percent responsible for the plaintiff's harm and that the plaintiff was 70 percent responsible for her own harm. The plaintiff's damages are $100,000. How much money, if any, will the plaintiff recover from the defendant?

- $30,000

What needs to be proved by a plaintiff to bring a successful claim of intentional interference with contract?

- A valid and enforceable contract between two parties existed. - The defendant intentionally undertook steps to cause one of the parties to breach the contract. - The defendant knew of the existence of the contract and its terms.

When a(n) ______ privilege exists, one cannot be sued for defamation for any false statements made.

- Absolute

Use of a celebrity's image without his or her consent for promoting a brand

- Appropriation for commercial gain

Tort

- Civil wrong - Recover compensation for economic and/or physical damages.

unfair competition

- Entering into business for the sole purpose of causing a loss of business to another firm

Trespass to realty

- Enters the land of another without permission - Causes an object to be placed on the land of another without the landowner's permission - Stays on the land of another when the owner tells him/her to depart - Refuses to remove something he/she placed on the property that the landowner asked to be removed

Strict liability is liability without ______.

- Fault

Torts against persons are:

- Intentional acts that harm an individual's physical or mental integrity.

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

- Intentional interference with contract

Hacking of someone's personal computer to gain access to his or her private photos

- Intrusion on an individual's affairs or seclusion

accurate statements regarding a Good Samaritan statute?

- It imposes strict negligence liability on a passerby who assists a person in need even though the assistance was given gratuitously.

False light

- It occurs when publicity about a person creates an impression about that individual that is not valid.

libel vs slander

- Libel is written and slander is spoken

an accurate statement regarding nominal damages in tort cases

- Nominal damages signify that a plaintiff has been wronged by a defendant even though the plaintiff suffered no compensable harm.

Negligent tort

- Occurs when defendant acts in a careless way that subjects other people to an unreasonable risk of harm

Intentional infliction of emotional distress is sometimes called the tort of ______.

- Outrage

Trespass to personal property is also called trespass to ______.

- Personality

Publication of information about someone's communication with his or her spouse at home without permission

- Public disclosure of private facts

torts that are collectively called invasion of privacy torts.

- Public disclosure of private facts - Appropriation for commercial gain - False light - Intrusion on an individual's affairs or seclusion

a business tort that occurs when false spoken statements criticize a business product or service and result in a loss of sales.

- Slander of quality

What is a accurate statement regarding the tort of slander of quality

- Slander of quality is spoken, while trade libel is in printed form.

Where can an absolute privilege arise?

- The Courtroom

tortfeasor

- The person who has committed a tort

In asserting the contributory negligence defense, the defendant must prove which of the following?

- The plaintiff's conduct fell below a reasonable standard of care and contributed to his or her injury.

intentional interference with contract

- The tort that occurs when someone intentionally takes an action that will cause a person to breach a contract that he or she has with another.

defense of others

- The use of reasonable force to protect others from harm.

There are ______ types of damages in tort cases.

- Three types

Categories of intentional torts include all of the following?

- Torts against persons - Torts against property - Torts against economic interest

When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider:

- What costs would have been necessary to reduce the risk of harm? - How socially beneficial was the defendant's conduct that posed the risk of harm? - How serious was the potential harm?

Tort is a French word meaning ______.

- Word

trespass to personal property

- Wrongfully taking or harming the personal property of another or otherwise interfering with the lawful owner's possession of personal property.

Trade libel

- a business tort that includes criticism of the quality, honesty, or reputation of a business or product in printed form.

Disparagement

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

statement regarding slander of title

- a business tort. - occurs when false published statements are related to ownership of business property. - tort against economic interests.

Assumption of the risk

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

When conversion occurs, the true owner can ______.

- recover damages for the full value of the converted item plus any additional damages that resulted from the loss

A plaintiff uses the doctrine of ______ to allow the judge or jury to infer that, more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care.

- res ipsa loquitur

Good Samaritan

- selfless and courageous behavior by removing the threat of liability.

True statements regarding disparagement?

- similar to defamation - involves tarnishing the reputation of a business or product. - an intentional tort against economic int

If defamation is made orally, it is ______.

- slander

A person commits trespass to personalty by:

- temporarily exerting control over another's personal property or interfering with the true owner's right to use the property.

Actual Cause

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

strict liability tort

- the fact that one is involved in an "inherently dangerous" action

What is the purpose of awarding punitive damages in a tort case.

- to deter others from engaging in an activity similar to the defendant's

Which of the following is not a primary objective of tort law?

- to provide compensation for injured parties

Jackie negligently causes serious physical and economic harm to Roberto in a car crash. In the negligence action, Jackie would be referred to as the ______.

- tortfeasor

Which of the following is a recognized category of intentional torts?

- torts against economic interest

Negligence is behavior that creates a(n) ______ risk of harm to others.

- unreasonable

self defense

- use of force that is reasonably necessary for the self-protection of an intended victim

Once a plaintiff has established that the defendant owes her a duty of care, she must prove that the defendant's conduct ______ that duty. This violation is called a breach of duty.

- violated

When does negligence per se apply?

- when a defendant has violated a statute designed to protect the class of individuals to which the plaintiff belongs from a certain type of harm

Intrusion on an individual's affairs

- when someone invades a person's solitude, seclusion, or personal affairs when the person has the right to expect privacy.

Appropriation for commercial gain

- when someone uses another person's name, likeness, voice, or other identifying characteristic for commercial gain without that person's permission.

- Affrimative defense

- when the defendant admits to an accusation but argues that there is a reason he or she should not be held liable.

______ torts occur when a defendant takes an action intending that certain consequences will result or knowing certain consequences are likely to result. Must be a voluntary act. "only the intent"

-Intentional Torts

The law does not hold people liable for making false statements about ______ as long as the statements were not made with malice.

-public figures

Invitees

Under the traditional common law, to which of the following categories of individuals does a business property owner owe the highest obligation?

nuisance claim

Using one's property in a manner that causes a neighbor to be subjected to flooding, vibrations, excessive noise, or smoke could lead to

- Privilege

______ is an affirmative defense to a defamation action.