CH 5 and 6

If an individual says a disparaging, but true, thing about another individual then,

1. Is not defamation 2. can still be a cause of action if the statement is a private fact (such as a Dr. disclosing the illness of a patient

The element(s) to establish a defamation is (are)

A false statement (either in writing or spoken) b. No privilege c. Harmful, for instance, to a reputation

The amount of money needed to put a person back into the position he or she had before the incident are called what kind of damages?

Actual or compensatory

Which of the following is most likely a example of intentional infliction of emotional distress?

An employee's supervisor calls an employee, at an all employee meeting, the stupidest employee he's ever had.

The intentional torts of Assault and Battery

Are separate torts each having their own set of elements which must be established.

Which of the following is/are negligent tort(s) under the law?

Assault Intentional infliction of emotional distress. Trespass. (correct) None of the above are negligent torts.

intentional torts against persons A. Fraud/ Deceit 1. Misrepresentation 2. Material 3. fact 4. Knowledge 5. Intent 6. Reliance 7. Injury 8. Negligent Misrepresntation B. Remedies 1. Rescission of the contract 2. Affirmance of the contract 3. punitive Damages C. Defamation 1. Defenses D. intentional infliction of emotional distress E. Assault and battery 1. Assault 2.Battery 3. Defenses F. false imprisonment G. Invasion of privacy 1. Intrusion 2.public disclosure of private facts 3. placed in a false light 4. Commercial appropriation of plaintiffs name or likeness. Intentional torts against property A. trespass to land B. Nuisance C. Conversion Negligence (unintended torts) A. Duty B. Breach C. Causation D. injury to the plaintiff E. negligence per se F. Defenses G. Assumption of the risk Liability Without fault A. absolute liability B. strict Liability (Product Liability) Tort Reform A. possible Federal Tort Law remedies B. California Tort Law: some Differ From Federal law.

Chapter 5

Disparagement (publication of injurious falsehood) A.Slander of title B. Trade Libel C. Defenses 1. truth 2. absolute privilege 3. qualified privilege Appropriation of likeness for commercial purposes Interference with economic relations A. Inducement to breach another person contract B. interference with contractual relations C. Interference with a prospective economic advantage. E-commerce - online crimes and torts A. online crime B. online torts C. examples of online crimes and torts 1. cyber espionage 2. cyber defamation- misuse of online review websites 3. piracy of intellectual material online

Chapter 6

On example of a defamation cause of action could be a situation where a professional sports figure refuses to stand, but rather sits or kneels, during the playing of "Star Spangled Banner" because defamatory actions can include statements that are offensive to some, or even most, people.

False

McDonalds starts paying for advertisements claiming their burgers are better than the burgers served at Wendy's. McDonalds actions are probably not an actionable tort because

It is really an unprovable statement of an opinion and the ads are not designed to encourage customers to break existing "contracts" the customers already have with Wendy's.

Which of the following is most likely not a wrongful interference with a business/contractual relationship?

Starbucks places a billboard across from Dutch Bros. proclaiming their coffee drinks are better. and A shopper shoplifts merchandise from a local Raley's supermarket

Generally speaking, what must be proven to establish an action under negligence?

The defendant owed a duty of care and breached that duty. b. The plaintiff suffered a legally recognized injury. c. The defendant's breach of the duty caused the injury. Correct! d. All of the above.

The concept of comparative negligence means

The plaintiff, who is harmed, can also bear some responsibility for the injury, but still recover from a defendant.

If a person posts on the internet information about another person that the first person knows is false, then...

The statement might be defamatory, but also might not be, because we don't have enough information to know whether or not the false statement is defamatory.

Say a woman is standing on a train platform some distance from a train leaving the station. As the train starts to leave, a man carrying a small package runs toward the train obviously trying to catch it before it goes. A train company employee sees the man running, and assists him on to the train, knocking the package loose and its contents fall on the tracks. It turns out the man was carrying fireworks which explode as the train rolls over them. The explosion causes a large object to fall on the woman standing away from the train, injuring the woman. The woman sues the train company for her injuries. A legal issue that arises in considering whether the train company should be financially responsible for the woman's injuries is (are)?

Whether injury from a falling object was a foreseeable consequence from the train employee helping another passenger onto the moving train.

Fraud is the misrepresentation of a material fact made with

a. knowledge of the falsity b. intent to deceive and induce justifiable reliance c. damages suffered Correct! d. all of the above

Under the body of law referred to as torts, a battery is

an intentional tort

Invasion of Privacy

does not require the defendant to make statements that are false.

Intentional infliction of emotional distress can only occur when conduct is, at a minimum,

extreme and outrageous

A main distinction between civil Tort actions and Criminal actions is that Criminal actions are "intentional" whereas all tort actions are "accidental."

false

A tort (or wrong) that happens by accident is called an intentional tort

false

Disclosure of private facts -such as disclosing someone has had, but is now recovered from a dangerous disease- is not something someone can successfully sue the person who disclosed the fact, as long as the fact was true.

false

Inducing someone to breach (or break) a contract with another party is legally permissible if done in the name of competition.

false

Trespass, as in a trespass to someone's land, falls into the category of intentional torts which require that a defendant breach a duty of care in order to establish liability.

false

When Wendy's places ads in the newspaper proclaiming their hamburgers are a better bargain than McDonalds' hamburgers, McDonalds can probably successfully sue Wendy's if a Wendy's hamburger is not better than a McDonalds hamburger.

false

With every assault, there must also be a battery for there to be a legal cause of action.

false

As a prank, one co-worker locks another in the copy room so the employee will miss an all-employee meeting with the boss. This is most likely an example of

false imprisonment

Proximate causation, in terms of negligence, means that the thing that happened resulting from the negligent act was

foreseeable

An unintentional act causing harm or injuries to another person can still be grounds for liability under the theory of

negligence

Defamation

refers to the injury to a person's reputation

Disparagement, or publication

relates to monetary damages that a business suffers from false statements concerning a product

Conversion is:

the wrongful taking of another's property

The tort of conversion is closest to being the civil equivalent of the crime of

theft

A football player (playing "American" football) who is injured by someone tackling him during a game would most likely not be successful for suing for battery on account the player, by choosing to play, consented to being hit (and possibly injured) by other players.

true

A nuisance can occur even when the offending party is not violating the law, such as just making a lot of noise by installing a load machine on the offending party's property.

true

Actual" cause is present every time the event would not have happened "but for" the actions of the defendant.

true

An element to establish a negligent tort is that the defendant breached a duty of care owed to the injured person.

true

Assault and Battery are two separate intentional torts, but often occur at almost the exact same time.

true

Contributory negligence is the term given to the concept that the injured person contributed to his or her injury.

true

False imprisonment is the name given to the civil cause of action when someone is unreasonably restrained or somehow "imprisoned" under a set of circumstances.

true

Slander of title can occur when someone improperly leads others to believe they own property (either real or personal property) that the person claiming ownership knows they do not own.

true

Someone who chooses to maintain a wild animal as a pet is strictly liable for injuries caused by the pet, even if the person took every reasonable precaution to protect against the wild animal harming someone.

true

Speech in legislative and judicial proceedings are two types of speech for which there is usually always an "absolute" privilege when considered in a defamation context.

true

The truth is almost always a defense in any defamation suit

true

Tort, as well as breach of contracts, are two examples of "civil" causes of action.

true