Ch 6: Tort - *** Test***
person's failure to use reasonable care must actually have caused the injury, cause and effect relationship between the act and the injury suffered, limitations through proximate cause (foreseeable risk of injury)
causation
to punish wrong doer, only awarded for reprehensible, malicious acts
punitive remedy
remedies are provided for the invasion of various protective interest like personal physical safety, protecting property, protecting certain intangible interests
purpose of tort law
orally defamed, temporary by nature, must prove special damages
slander
Judgement
the final result of the trial.
civil wrong that causes loss or injury to another
tort
to enter another's land without consent or to remain there after being asked to leave
trespass to land
taking or harming without consent, the personal property of another
trespass to personal property
Evidence
includes anything that the judge allows to be presented to the jury that helps to prove or disprove the alleged facts
10. Sam keeps a pet snake in her apartment. While Sam is hosting a party at her apartment, the snake escapes from its cage and bites a guest, seriously injuring the guest. The guest knew before attending the party the Sam has a pet snake in her apartment. If the guest sues Sam for injury resulting from the cobra bite, Sam:
A) Will be strictly liable
Assault is the unauthorized and harmful or offensive physical contact with another person.
False In terms of assault liability, threats of future harm are not actionable.
Converter
A thief is said to be a ________
2. What is the theory behind the doctrine of respondeat superior?
A) Torts committed by an employee working for an organization will result in the employee and the employer being held liable under tort law.
Battery
An intentional breach of the duty
9. ____ is the communication of false and destructive information about an individual through the use of electronic devices.
B) Cyberdefamation
4. ____ involves any false statement communicated to others that questions the quality of an item of property or that raises uncertainty as to who actually has legal ownership rights to the property in question.
B) Disparagement
7. Which of the following is an element of negligence that occurs if the alleged tortfeasor has not met the appropriate standard of care?
C) Breach of duty
3. If Ann sued Sharon for assault, without any factual basis, and the jury ruled in favor of Sharon, Sharon in turn may sue Ann for:
C) Misuse of legal procedure
6. Defamation in a temporary form, such as speech, is:
C) Slander
5. Which of the following is true of survival statute?
D) It preserves the right to bring a lawsuit for personal injuries, no matter what caused the death(s).
1. Tort law differs from criminal law in that:
D) Tort law compensates the injured party's loss
8. ____ occurs when false statements or actions, or a combination thereof, are made by one party in a way that causes another party to rely on those misrepresentations and then suffers an injury/loss as a result.
D) fraud
Because defamation is defined as an untrue statement of fact, truth is a conditional, qualified defense to a charge of defamation.
False Because defamation is defined as an untrue statement of fact, truth is an absolute defense to a charge of defamation.
Battery is either the threat of immediate harm or offensive contact, or any action that arouses reasonable apprehension of imminent harm.
False Assault is either the threat of immediate harm or offensive contact, or any action that arouses reasonable apprehension of imminent harm.
In terms of negligence liability, the courts decide whether a duty of care is owed in specific cases by applying a subjective standard of care.
False In terms of negligence liability, the courts decide whether a duty of care is owed in specific cases by applying a reasonable person standard of care.
The negligent confinement or restraint of another person without authority or justification and without that person's consent constitutes false imprisonment.
False The intentional confinement or restraint of another person without authority or justification and without that person's consent constitutes false imprisonment.
Throwing a rock, shooting an arrow or a bullet, knocking off a hat, pulling a chair out from under someone, and poisoning a drink are not examples of actionable battery.
False Throwing a rock, shooting an arrow or a bullet, knocking off a hat, pulling a chair out from under someone, and poisoning a drink are all examples of actionable battery.
Under the doctrine of unintentional tort, commonly referred to as negligence, a person is liable for harm that is the unforeseeable consequence of his or her action.
False Under the doctrine of unintentional tort, commonly referred to as negligence, a person is liable for harm that is the foreseeable consequence of his or her action.
Defamation
If a false statement inures one's reputation, it may constitute the tort of __________
torts done on purpose
Intentional torts
appropriation of identity, intrusion into an individual's affairs, public disclosure of private facts
Invasion of privacy
tort
NEED TO KNOW FOR TEST: The elements of a ____ are: 1- A duty 2- A breach 3- An injury 4- Causation
injury causing behavior that is not intentional or negligent, no privity requirements, ultra hazardous activity (ex. explosives, wild animals, poisons)
Strict Liability in Tort
Punitive Damages
The jury might award her additional damages referred to as ________ _______. These are always available where an intentional tort has been committed.
Verdict
The jury's decision
Negligence
The most common tort
Invasion of Privacy
The unwelcome and unlawful intrusion into one's private life so as to cause outrage, mental suffering, or humiliation
"Merchant protection" statutes allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if there are reasonable grounds for the suspicion, suspects are detained for only a reasonable time, and investigations are conducted in a reasonable manner.
True
Even though a defendant's act may have breached a duty of care owed to the plaintiff, this breach is not actionable unless the plaintiff suffers injury.
True
In terms of negligence liability, a defendant's negligent act must be the causation in fact of the plaintiff's injuries.
True
The tort of disparagement is also known as trade libel.
True
The tort of intentional infliction of emotional distress is also known as the tort of outrage.
True
The tort of misappropriation of the right to publicity is also called the tort of appropriation.
True
Tort is the French word for a "wrong."
True
Vicarious Liability
When one person is liable for the torts of another, the liability is called __________
Proximate Cause
When the amount of causation is great enough for it to be recognized by the law, it's called _________ _____
Contempt of Court
Willful, unexpected failure to appear
Expert Witness
a witness who possesses superior knowledge about important facts
Subpoena
a written order by the judge commanding a witness to appear in court to give testimony.
malicious prosecution, abuse of process
abuse or frivolous litigation
placing another in immediate apprehension for his/her physical safety, has to have knowledge of act
assault
unwanted, harmful or offensive touching of another
battery
intentional misrepresentation of a material fact that is justifiably relied upon by someone to his/her injury *a lie for a personal gain
fraudulent misrepresentation
Fraud
ccurs when there is an intentional misrepresentation of an existing important (that is, a lie.)
if any fault of plaintiff, recovery is reduced proportionally
comparative
$ to compensate a plaintiff for actual losses, put plaintiff in same position as if the tort hadn't happened
compensatory remedy
Testimony
consists of statements made by witnesses under oath.
wrongfully possessing or using personal property of another
conversion
publication of untrue statements about another that hold the person's reputation to contempt and ridicule
defamation
False Imprisonment
depriving a person of freedom of movement without the person's consent and without privilege.
publication of untrue statements that ridicule the business, product or quality
disparagement of property
a person doing something has the duty to use reasonable care and skill around others to avoid injuring them
duty of care
a duty of care, breach of a duty of care, cause of injury, damage
elements for cause of action in negligence
Trespass to land
entry onto the property of another without the owner's consent
Strict Liability
exists even though the defendant was not negligent.
intentional unjustified confinement of a nonconsenting person, common in shoplifting
false imprisonment
outrageous conduct that carries a strong probability of causing severe mental distress
intentional infliction of emotional distress
party meant to do what they did, intends to commit act, need not be done with a harmful motive
intentional torts
in writing or permanent form
libel
Damages
monetary award to the injured party to compensate for loss.
failure to exercise reason able care that foreseeably causes injury, conduct creates a risk of injury, risk must be foreseeable by reasonable person
negligence
does not have actual knowledge of its falsity, but owes duty of care to supply correct information
negligent misrepresentation
Assault
occurs when one person intentionally threatens to physically or offensively injure another.