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