Chapter 7: Tort Law

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.

negligent (by the defendant)

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

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.

assault

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

intrusion on an individuals's affairs or seclusion

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

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

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

tortfeasor

The person who has committed a tort often referred to as the ____________.

assault does not require actual bodily contact

Which is a true statement regarding assault?

assault and battery are always synonymous

Which is an accurate statement regarding battery?

malpractice

Professional negligence cases are often referred to as ________________ cases.

legal

Proximate cause is also referred to as __________ cause.

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

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

libel

If defamation is published in a permanent for, it is known as _______________.

modified

In a ____________ comparative negligence jurisdiction courts calculate damages in the same manner as a pure comparative negligence jurisdiction expect that the defendants in a case must be more than 50% at fault v=before the plaintiff can recover.

communicating a false statement about someone to a third party

In the context of defamation what does "intentional publication" mean?

appropriation for commercial gain

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

nuisance

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

to provide compensation for injured parties

Which of the following is a primary objective of tort law?

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?

express assumption of the risk is usually evidenced by a written contract

Which of the following is an accurate statement regarding the use of express assumption of the risk as a defense by defendants?

implied assumption the risk means that a plaintiff implicitly assumed a known risk

Which of the following is an accurate statement regarding the use of implied assumption of the risk as as a defense by defendants?

slander of title is a negligence based tort

Which of the following is an inaccurate statement regarding slander of title?

disparagement

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

assumption of the risk

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

trade libel

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

Good Samaritan

____________ statues attempt to encourage selfies and courageous behavior by removing the threat of liability.

nominal

_____________ damages are 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.

intentional

Assault is an example of an ____________________ tort.

slander and libel are synonymous

Which of the following is an an incorrect statement regarding slander?

unreasonable

Negligence is behavior that creates a _____________ risk of harm to others.

conditional

Under _______________ privilege, a party will not be held liable for defamation unless that false statement was made with actual malice.

invitees

Under the traditional common law, what does a business property owner owe the highest obligation?

how likely was it that a crime would be committed?

When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider all but which of the following questions?

the defendant was a third party beneficiary of the contract between two parties

Which is need does not need to be provided by a plaintiff to bring a successful claim of intentional interference with contract?

privilege

_________________ is an affirmation defense to a defamation action.

absolute

When a ___________ privilege exists, one cannot be sued for defamation for any statements made.

actual

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

slander of title

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