Chapter 7

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

-duty -breach of duty -causation -damages

Identify the torts that are collectively called invasion of privacy torts.

-false light -public disclosure of facts -appropriation for commercial gain -intrusion on an individual's affairs or seclusion

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

Professional negligence are often referred to as ___________ cases.

malpractice

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

Appropriation for commercial gain

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

False light

Intrusion on an individual's affairs or seclusion

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

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

Intrusion on an individual's affairs

______________ damages are a small mount 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.

Nominal

It occurs when someone publicizes a private fact about another that a reasonable person would fight highly offensive.

Public disclosure of private facts

Public disclosure of private facts

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

Appropriation for commercial gain

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

Which of the following is an inaccurate statement regarding battery? a. Assault and battery are always synonymous. b. Even contacts that are harmless, if unwanted, are batteries. c. Almost any unwanted, intentional contact constitutes battery. d. Even if contact is intended as a joke, if reasonable person would be offended, the contact can constitute battery.

a. Assault and battery are always synonymous.

Which of the following is an inaccurate statement regarding professional negligence? a. Professional negligence cases are often referred to as tort immunity cases. b. A professional cannot defend against a negligence suit by claiming ignorance of generally accepted principles in her or his field of expertise. c. Clients who feel they have suffered damages due to a professional's breach of the duty of care can sue the professional negligence. d. Courts generally hold that professionals have a higher duty of care to clients that do ordinary persons.

a. Professional negligence cases are often referred to as tort immunity cases

Which of the following is not an objective of tort law? a. to punish wrongdoers b. to provide compensation for injured parties c. to promote a just society d. to maintain order in society

a. to punish wrongdoers

A(n) __________ defense occurs when the defendant admits to an accusation but argues that there is a reason he or she should not be held liable.

affirmative

Which of the following is the obligation a business property owner owes an invitee? a. to warn of any hidden dangers of which he or she knows, with no affirmative duty to inspect for hidden problems b. to inspect the premises to ensure that they are reasonably safe and to warn of hidden dangers c. only to do him or her no intentional harm d. to absolutely ensure the safety of the invitee, assuming strict liability for any injuries the invitee might sustain while on the property

b. to inspect the premises to ensure that they are reasonably safe and to warn of hidden dangers

Which of the following is a purpose of awarding punitive damages in a case? a. to account for the plaintiff's compensatory damages b. to punish the defendant c. to account for the plaintiff's nominal damages d. to approximate the loss sustained by the plaintiff

b. to punish the defendant

Which of the following is not a required element of battery? a. offensive (to the victim) b. unwanted (by the victim) c. negligent (by the defendant) d. Intentional (by the defendant)

c. negligent (by the defendant)

Which of the following is a primary objective of tort law? a. to punish a felon b. to award specific performance for breach of contract c. to provide compensation for injured parties d. to punish a misdemeanant

c. to provide compensation for injured parties

Under the traditional common law, to which of the following categories of individuals does a business property owner owe the highest obligation? a. transferees b. licensees c. trespassers d. invitees

d. invitees

In a __________ comparative negligence jurisdiction, courts calculate damages in the same manner as a pure comparative negligence jurisdiction, except that the defendant in a case must be more than 50 percent at fault before the plaintiff can recover.

modified

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.

pure comparative negligence

Identify a purpose of awarding punitive damages in a tort case.

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

Critics refer to the tort of food disparagement as ___________ libel.

veggie