COB 218 Ch 6

puffery

A salesperson's exaggerated claims concerning the quality of goods or property offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties.

Torts

A wrongful act (other than a breach of contract) that results in harm or injury to another and leads to civil liability.

res ipsa loquitor

Backus asserted ____ ___ _______ because the injury was the kind that ordinarily does not occur in the absence of someone's negligence. The burden of proof shifted to the defendants, and because they failed to show that they had not been negligent, Backus won.

invasion of privacy

For instance, writing a story about a person that attributes ideas and opinions not held by that person is an _____ of _____. (Publishing such a story could involve the tort of defamation as well.

social hosts

Some states' statutes also impose liability on ______ ___ (persons hosting parties) for injuries caused by guests who became intoxicated at the hosts' homes

False

T/F: anyone who republishes or repeats defamatory statements is not liable even if that person reveals the source of the statements.

true

T/F: assumption of risk can apply to spectators and bystanders who are injured while attending those events.

True

T/F: creators of parodies of public figures are protected under the First Amendment from claims of intentional infliction of emotional distress.

True

T/F: fraudulent misrepresentation occurs only when there is reliance on a statement of fact

false

T/F: good intentions is a sufficient defense against conversion

defamation

The statement "Lane cheats on his taxes," if false, can lead to liability for _____.

real personal

Thus, a house and lot are ______ property, whereas the furniture inside the house is_____ property

danger, original

Under "____ invites rescue": Whether rescuers injure themselves, the person rescued, or even a stranger, the _______ wrongdoer will still be liable.

consents

When a person _________s to the act that damages her or him, there is generally no liability a common defense to intentional torts against persons

negligence

In contrast to intentional torts, in torts involving ______, the tortfeasor neither wishes to bring about the consequences of the act nor believes that they will occur

strict liability

Liability that is imposed on certain activities regardless of fault.

50

"__ percent" rule that prevents the plaintiff from recovering any damages if she or he was more than 50 percent at fault

exist know breach

1. A valid, enforceable contract must _____ between two parties. 2. A third party must ____ that this contract exists. 3. The third party must intentionally induce a party to _____ the contract.

conversion

Whenever a person wrongfully possesses or uses the personal property of another without permission ...and/or placing it in the service of another.

trespass of personal property

Whenever an individual wrongfully takes or harms the personal property of another or otherwise interferes with the lawful owner's possession of personal property harm means anything that diminishes its value, condition, or quality.

assault

any intentional and unexcused threat of immediate harmful or offensive contact—words or acts that create a reasonably believable threat. Can occur with no contact

General

damages compensate individuals (not companies) for the nonmonetary (emotional) aspects of the harm suffered, such as pain and suffering

malpractice

professional negligence.

defenses

reasons why the plaintiff should not obtain damages

tortfeasor

the one committing the tort

res ipsa loquitur

A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means "the facts speak for themselves."

battery

Alex swings a bat intending to hit Blake but misses and hits Carson instead. Carson can sue Alex for the tort of because Alex's intent to harm Blake can be transferred to Carson.

license

An agreement by the owner of intellectual property to permit another to use a trademark, copyright, patent, or trade secret for certain limited purposes.

qualified

An employer's statements in written evaluations of employees are an example of a _______ (absolute, qualified) privilege

trespass to land

Entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization.

infliction of emotional distress

Hank may be able to sue his neighbor Larson for ________________ if Larson sends Hank a text message telling him that his wife was killed in a car accident even though Hank knew that it was untrue.

false, minor inaccuracies are immaterial

If the statement is true in substance, minor inaccuracies of expression or detail are crucial

special

In a case alleging slander, the plaintiff must prove _____ damages to establish the defendant's liability

Reasonable person standard

It is society's judgment on how people should act.

trespass to personal property

Kelly takes Ryan's business law book as a practical joke and hides it so that Ryan is unable to find it for several days before the final examination. Here, Kelly has engaged in a trespass to ______ Also comitted the tort of conversion

general

Once a defendant's liability for libel is established, _______ damages are presumed as a matter of law

quality, trade

Slander of _____ = publication on one's ownership of property/actions slander of ____ = false info publicized about one's product

qualified

if the statements are made in good faith and the publication is limited to those who have a legitimate interest in the communication, the statements fall within the area of ________ (absolute, qualified) privilege.

harm or injury, compensation

singular damage is used to refer to _____ or ______ to persons or property, and the plural damages is used to refer to monetary____________ for such harm or injury.

good samaritan

someone who is aided voluntarily by another cannot turn around and sue the "______ _________" for negligence.

absolutely

statements made in a courtroom by attorneys and judges during a trial are ________ (absolute, qualified) privilege(d)

False imprisonment

the intentional confinement or restraint of another person's activities without justification It is essential that the person under restraint does not wish to be restrained.

Duty, breach, causation, damages

To succeed in a negligence action, the plaintiff must prove each of the following: 1. 2. 3. 4.

loss or injury

Tort law is designed to compensate those who have suffered a _____ or _____ due to another person's wrongful act

reasonable force

Under the "privilege to detain" granted to merchants in most states, a merchant can use _______ force to detain or delay a person suspected of shoplifting the merchant's property.

slander of title

When a publication denies or casts doubt on another's legal ownership of any property, and the property's owner suffers financial loss as a result, the tort of _____ of ____ may exist

Business torts

Wrongful interference with another's business rights and relationships.

absolute, qualified

_____ = statements limited to those who have a legitimate interest in the communication _____ = statements in the courtroom (absolute, qualified)

contributory negligence

_____ negligence: A rule in tort law, used in only a few states, that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff's own fault.

real

_____ property is land and things "permanently" attached to the land

comparative negligence

______ negligence: both the plaintiff's and the defendant's negligence are computed, and the liability for damages is distributed accordingly reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely.

Disparagement of property

______ of property: occurs when economically injurious falsehoods are made about another's product or property, not about another's reputation. "slander of quality/title"

Personal

______ property consists of all other items, which are basically movable

Special

_______ damages compensate the plaintiff for quantifiable monetary losses, such as medical expenses, lost wages and benefits (now and in the future), extra costs, the loss of irreplaceable items, and the costs of repairing or replacing damaged property

punitive

________ damages may also be awarded in tort cases to punish the wrongdoer and deter others from similar wrongdoing appropriate only when the defendant's conduct was particularly egregious (bad) or reprehensible (unacceptable). mainly in intentional tort cases, rarely negligance

negligence

________ results from the breach of a duty to act reasonably (fault without intent)

Compensatory

____________ damages are intended to compensate or reimburse plaintiffs for actual losses—to make the plaintiffs whole and put them in the same position that they would have been in had the tort not occurred (often broken down into special damages and general damages)

battery

an unexcused and harmful or offensive physical contact intentionally performed. The contact can be harmful, or it can be merely offensive (such as an unwelcome kiss). Physical injury need not occur

strict liability

the person who is engaged in an abnormally dangerous activity—and benefits from it—is responsible for paying for any injuries caused by that activity under ____ ________

legally recognized

the purpose of tort law is to compensate for _____ ____ injuries resulting from wrongful acts.

dram shop acts

under the ___ ___ acts: a tavern owner or bartender may be held liable for injuries caused by a person who became intoxicated while drinking at the bar or who was already intoxicated when served by the bartender.

statement of fact

when a lawyer makes a statement of opinion about the law in a state in which the lawyer is licensed to practice, a court might treat it as a _____ __ ______.

Transferred intent

when a person who intends to harm one individual, but unintentionally harms a second person, can be liable to the second victim for an intentional tort.

publication

when a third party hears a statement of defamation

liability without fault

conduct that is not wrongful but is abnormally dangerous can lead to liability under the doctrine of strict liability

False

T/F: A negative opinion is defamation, regardless if its fact or not.

False

T/F: A plaintiff may not be compensated for the emotional harm or loss of reputation resulting from a battery, or for physical harm

False

T/F: Acts that cause indignity or annoyance alone are enough to file a claim.

false

T/F: Actual harm to the land is an essential element of this tort because the tort is designed to protect the right of an owner to exclusive possession.

True

T/F: An accountant's conduct is judged not by the reasonable person standard, but by the reasonable accountant standard.

True

T/F: An individual's right to privacy includes the right to the exclusive use of her or his identity.

False

T/F: Because an intentional tort requires intent, a harmful motive is required.

True

T/F: Bona fide competitive behavior—through aggressive marketing and advertising strategies, for instance—is a permissible interference even if it results in the breaking of a contract

True

T/F: Even if the rightful owner consented to the initial taking of the property, so there was no theft or trespass, a failure to return the personal property may still be conversion

False

T/F: General damages are made to compensate for monetary damages done to someone and bring them back to the state they were before the damage was done

True

T/F: If no harm or injury results from a given negligent action, there is nothing to compensate, and no tort exists.

False

T/F: If no risk is created, there is still negligence.

true

T/F: In negligence, the risk must be foreseeable, that a reasonable person engaging in the same activity would anticipate the risk and guard against it

True

T/F: In tort law, intent means only that the actor intended the consequences of his or her act or knew with substantial certainty that certain consequences would result from the act.

False

T/F: Intent cannot be transferred when a defendant intends to harm one individual, but unintentionally harms a second person

False, it needs to be physical

T/F: Moral pressure or threats of future harm constitute false imprisonment

False, good samaritan

T/F: One may sue physicians and medical personnel who voluntarily render medical services in emergency situations to those in need, such as individuals hurt in car accidents.

True

T/F: Only in judicial proceedings and certain government proceedings is an absolute privilege granted

True

T/F: Selena hosts a Super Bowl party at which Raul, a minor, sneaks alcoholic drinks. Selena is potentially liable for damages resulting from Raul's drunk driving after the party.

false

T/F: Some courts have held that even when an animated character in a video or a video game is made to look like an actual person, there are enough similarities to constitute appropriation.

True

T/F: Someone who buys stolen goods may be sued for conversion even if he or she did not know that the goods were stolen

False, should act

T/F: The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act.

True

T/F: To establish trade libel, the plaintiff must prove that the improper publication caused a third party to refrain from dealing with the plaintiff and that the plaintiff sustained economic damages (such as lost profits) as a result.

False

T/F: Trespass to land has nothing to do with obtaining permission for use of that land.

True

T/F: Trespass to personal property involves intentional meddling with a possessory interest (the right to possess), including barring an owner's access to personal property.

True

T/F: a court will award punitive damages if the defendant's conduct was grossly negligent

True

T/F: the taking of electronic records and data is conversion

duty of care

The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise ____ of ____, which is normally determined by the reasonable person standard, constitutes the tort of negligence.

Negligence per se

negligence ___ __ may occur if an individual violates a statute or ordinance and thereby causes the kind of harm that the statute was intended to prevent

libel

Defamation in writing or another form having the quality of permanence (such as a digital recording).

reasonable person standard

The standard of behavior expected of a hypothetical "reasonable person." It is the standard against which negligence is measured and that must be observed to avoid liability for negligence.

greater

public figures have a __________ burden of proof in defamation cases (they must prove actual malice) than do private individuals.

slander of quality

publication of false information about another's product, alleging that it is not what its seller claims, constitutes the tort of ______ of _____, or trade libel.

negligence

The tort of ______ occurs when someone suffers injury because of another's failure to live up to a required duty of care

reasonable person

Whether the contact is offensive is determined by the ___ __standard.

Defamation

Anything published or publicly spoken that causes injury to another's good name, reputation, or character. imposed a general duty on all persons to refrain from making false, defamatory statements of fact about others

usually permissable

Competing via aggressive marketing and advertising strategies is _________ interference with a business relationship. usually not permissable punishable criminal usually permissable

slander

Defamation in oral form.

appropriation

In tort law, the use by one person of another person's name, likeness, or other identifying characteristic without permission and for the benefit of the user.

property

Intentional torts against ______ include trespass to land, trespass to personal property, conversion, and disparagement of property

intentional emotional

The tort of _______ infliction of ________ distress can be defined as an extreme and outrageous act, intentionally committed, that results in severe emotional distress to another

intentional and unintentional

There are two broad classifications of torts: ________ torts and _________ torts (torts involving negligence)

assumption, voluntary

This is the defense of ______ of risk, which requires knowledge of the risk and _______ assumption of the risk.

product liability

liability of manufacturers and sellers for harmful or defective products

actionable

to be _____ (Capable of serving as the basis/ground of a lawsuit) the conduct must be so extreme and outrageous that it exceeds the bounds of decency accepted by society.