LAW 3800 Ch 6 SB

Intrusion on an individual's affairs

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

Public disclosure of private facts

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

Appropriation for commercial gain

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

Which of the following is 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.

To establish res ipsa loquitur in most states, a plaintiff must demonstrate all but which of the following?

The plaintiff's injury arose out of the course and scope of his employment with the defendant.

Which of the following is not a requirement for proving a strict liability case?

a negligent or intent-based act on the part of a defendant

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

a politician

Punitive damages are also known as ______ damages.

exemplary

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

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

Which of the following is an accurate statement regarding negligence?

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

Trespass to personal property is also called trespass to ______.

personalty

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

Trespass to realty is also called trespass to ______.

real property

Identify the torts that are collectively called invasion of privacy torts

(1) Public disclosure of private facts (2) Appropriation for commercial gain (3) Intrusion on an individual's affairs or seclusion (4) False light

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

Assumption of the risk is a defense to a negligence claim

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

battery

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

both the defendant and the plaintiff were negligent

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

disparagement

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

actual malice

Which of the following is a true statement regarding assault?

assault does not require actual bodily contact

If defamation is made orally, it is ___

slander

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?

Would another individual have intended to cause the harm?

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

actual

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

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

Libel can occur ___

in a magazine or a newspaper

Identify a 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 the obligation a business property owner owes an invitee?

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

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

to provide compensation for injured parties

A ______ is commonly defined as a wrong or injury to another, other than breach of contract.

tort

Which of the following is not an accurate statement regarding the tort of food disparagement?

food disparagement is an unintentional tort

In most states, proximate cause is determined by ______.

foreseeability

______ occurs when one uses intentional deceit to facilitate personal gain.

fraudulent misrepresentation

______ negligence is an action committed with extreme reckless disregard for the property or life of another person.

gross

Where can an absolute privilege arise?

in a courtroom

Torts are most commonly classified as ______ torts.

intentional, negligent, or strict-liability

Professional negligence cases are often referred to as ______ cases.

malpractice

Suppose a negligence case is tried in a modified negligence jurisdiction and the jury determines that the defendant was 40 percent responsible for the plaintiff's harm and that the plaintiff was 60 percent responsible for her own harm. The plaintiff's damages are $100,000. What amount of money, if any, will the plaintiff recover from the defendant?

nothing

If a 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.

strict-liability

Which of the following is not a defense in an action for battery?

assault

______ is an affirmative defense to a defamation action.

privilege

Crystal Castle is the only jewelry store in a town. Amber Diamond, a new jewelry store, comes into the town and opens a store not with the intent to make a profit but to drive Crystal Castle out of business so that its associate, Opal Ruby, can start a legitimate jewelry store once the competition has been eliminated. Amber's actions constitute ______.

unfair competition

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

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 interests

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

trade libel

Which of the following must be established for a plaintiff to prevail under the last-clear-chance doctrine?

The defendant had a final clear opportunity to avoid the action that injured the plaintiff

False Light

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

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

communicating a false statement about someone to a third party

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

compensatory

Which of the following is an accurate statement regarding the tort of slander of quality

slander of quality if spoken, while trade libel is in printed form

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

slander of title is a negligence-based tort

Which of the following need not be proved by a plaintiff to bring a successful claim of intentional interference with contract?

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

In most negligence cases, courts use the ______ standard.

reasonable person

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

Which of the following is an inaccurate statement 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

A(n) ______ tort occurs when a defendant is careless to someone else's detriment.

negligent

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

negligent (by the defendant)

Using one's property in a manner that causes a neighbor to be subjected to flooding, vibrations, excessive noise, or smoke cold lead to a(n) ___ claim.

nuisance

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

outrage

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

persons

Which of the following is not an element that a plaintiff must prove to win a negligence case?

intent

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

intentional