Legal Studies Quiz Chapter 7 Torts Law

Truth

absolute defense - one cannot be held liable for defamation, regardless of whether damages result, if the statement made was the truth

Unfair competition

act of competing with another not to make profit but for the purpose of driving another out of business

Privilege

an affirmative defense - occurs when defendant admits to the accusation but argues that there is a reason he should not be held liable

Battery

an intentional, unwanted, offensive bodily contact; the actual physical contact

Negligence per se

another doctrine that helps plaintiffs succeed in negligence cases

Punitive damage

awarded to punish the defendant; given only when defendant's conduct is extremely outrageous

Negligence

behavior that creates an unreasonable risk of harm to others

Trade libel

business tort that occurs when false printed statements criticize a product or services and result in a loss of sales

Slander of quality

business tort that occurs when false spoken statements criticize a product or service and result in a loss of sales

Disparagement

business's or product's reputation that has been tarnished

Compensatory damage

compensate victim for all the harm caused by the person who committed the tort

Punitive damages

compensation awarded to a plaintiff that goes beyond reimbursement for actual losses and is imposed to punish the defendant and deter the defendant and deter such conduct in the future

3 damages available in tort cases:

compensatory, nominal, punitive

Pure comparative negligence

court determines the % of fault of the defendant

Compensatory damages

damages intended to reimburse a plaintiff for her or his losses

Slander

defamation made orally; lack of permanence that gives way to special damages involved with slander

Libel

defamation that is published in a permanent form like in newspapers or magazines or tv

Assumption of risk

defense against negligence; defendant must prove the plaintiff voluntarily assumed the risk the defendant caused

Contributory negligence

defense once available in all states but replaced today in some states by defense of comparative negligence

Actual cause

determination that defendant's breach of duty resulted directly in the plaintiff's injury

Slander per se

statements that are considered so inherently harmful that general damages are presumed

Nominal damage

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

Trespass to personal property

temporarily exerting control over another's personal property or interfering with the true owner's right to use the property

Last-clear-chance doctrine

used by the plaintiff when the defendant establishes contributory negligence

Conditional privilege

a party will not be held liable for defamation unless the false statement was made with actual malice

Actual malice

a statement was made with either knowledge of its falsity or reckless disregard for its truth

Reasonable person standard

measurement of the way members of society expect an individual to act in a given situtation

Defenses against defamation

truth and privilege

Tort

a civil wrong giving the injured party the right to bring a lawsuit against the wrongdoer to recover compensation for the injuries

To win a negligence case, plaintiff must prove 4 elements:

duty, breach of duty, causation, damages

Proximate cause

extent where a defendant may be held liable for the consequences of their actions

Defamation

intentional publication of a false statement harmful to an individual's reputation (communication to a third party)

Strict liability

liability without fault; responsibility for damages is imposed regardless of the existence of negligence

Negligent torts

occur when defendant acts in a way that subjects other people to an unreasonable risk of harm

Intentional torts

occur when defendant takes an action intending that certain consequences will result or knowing certain consequences are likely to result

Strict-liability torts

occur when defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes

Trespass to realty

occurs when a person intentionally enters the land of another w/o permission, causes an object to be places on the land of another w/o the permission, stays on the land of another when the owner tells him to depart, refuses to remove something he places on the property that landowner asked to remove

Conversion

occurs when a person permanently removes personal property from the owner's possession and control

Private nuisance

occurs when a person uses her property in an unreasonable manner that harms a neighbor's use of enjoyment of his property

Assault

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

Fraudulent misrepresentation

occurs when one uses intentional deceit to facilitate personal gain

Intentional infliction of emotional distress

occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to another party

Absolute privilege

one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity

Objective of Tort Law

provide compensation for injured parties, maintains order in society, gives citizens a sense that they live in a just society

Res ipsa loquitur

the thing speaks for itself.

Interference with contract

tort that occurs when someone intentionally takes an action that will cause a person to breach a contract