3054-Chapter 7

Question 1

What is a tort?

Answer 1

It is defined as a wrong or injury to another or breach of contract.

Question 2

What is the primary object of tort law?

Answer 2

It is to provide compensation for injuries parties, discourages private retaliation by injured parties and their friends and a sense that we live in a just society.

Question 3

What are intentional torts?

Answer 3

Torts when the defendant takes an action knowing that certain consequences will likely result.

Question 4

What are negligent torts?

Answer 4

Torts that occur because the defendant is careless to someone else’s detriment.

Question 5

What is strict liability?

Answer 5

It is when a defendant takes an action that is inherently dangerous and cannot be undertaken safely no matter the precautions.

Question 6

What is the intent at issue in an intentional tort?

Answer 6

It is the intent of the defendant to engage in a specific act, which ultimately results in an injury, physical or economic, to another. Motive need not be established.

Question 7

What are the three categories of intentional torts?

Answer 7

1) torts against persons 2) torts against property and 3) torts against economic interests

Question 8

What are torts against persons?

Answer 8

Intentional acts that harm an individual’s physical or mental integrity.

Question 9

What is assault?

Answer 9

It is the fear or apprehension of an immediate offensive bodily contact. It may be followed by battery.

Question 10

What is battery?

Answer 10

It is an intentional unwanted offensive bodily contact. It may be in conjunction with assault.

Question 11

What are the defenses for battery?

Answer 11

1) Consent 2) self-defense 3) defense of others or property.

Question 12

How are damages for slander recovered?

Answer 12

The plaintiff must prove special damages, show specific monetary loss that resulted from the defamatory statements.

Question 13

What is slander per se?

Answer 13

It is slander so inherently harmful that general damages are presumed.

Question 14

What are slander per se claims?

Answer 14

That an individual 1) has a loathsome communicable disease, 2) has committed a crime for which imprisonment is possible 3) is professionally incompetent 4) if a woman, engaged in sexual misconduct

Question 15

What are the two defenses for defamation?

Answer 15

1) truth and 2) privilege

Question 16

What is an affirmative defense?

Answer 16

It is an argument where the defendant admits the accusation but argues that there is a reason why he should not be held liable.

Question 17

What is privilege?

Answer 17

It is an either absolute or conditional affirmative defense.

Question 18

What is absolute privilege?

Answer 18

It protects against intentional or unknowing falsity of the claim and limited almost exclusively to members of congress and those testifying under oath.

Question 19

What is conditional privilege?

Answer 19

It protects against all statements unless made with actual malice as defined by either knowledge of falsity or or reckless disregard for its truth.

Question 20

What is another conditional privilege?

Answer 20

It is public figure privilege which claims that public figures have the ability to respond to false statements because of their status so as long as a statement is not made with malice it is ok.

Question 21

When does trespass to realty occur?

Answer 21

It occurs when a person intentionally 1) enters the land of another without permission, 2) causes an object to be placed on the land of another without permission 3) stays on the property of another after being asked to leave or 4) refuses to remove something he placed on the property that the landowner asked him to remove.

Question 22

What is private nuisance?

Answer 22

It’s when a person uses her property in an unreasonable manner that harms a neighbor’s use or enjoyment of his property.

Question 23

What is trespass to personal property?

Answer 23

It is temporarily exerting control over another person’s personal property or interfering with the owner’s right to use the property.

Question 24

What is conversion?

Answer 24

It is the civil version of theft. Possession of stolen goods also makes a person liable for conversion.

Question 25

What are the five most common torts against economic interests?

Answer 25

1) disparagement 2) intentional interference with contract, 3) unfair competition, 4) misappropriation and 5) fraudulent misrepresentation

Question 26

What is disparagement?

Answer 26

Similar to defamation, it is a business’s or product’s reputation has been tarnished. It is a false statement of a material fact about the plaintiff’s product or service that results in a loss of sales or loss of contract in negotiations.

Question 27

What is trade libel?

Answer 27

It is false printed statements criticize a business product or service resulting in loss of sales.

Question 28

What is slander of quality?

Answer 28

It is spoken criticisms of the quality of product or service resulting in a loss of sales.

Question 29

What is food disparagement?

Answer 29

Tort that provides farmers/ranchers the ability to recover damages when someone spreads false information about the safety of a food product.

Question 30

What is intentional interference with contract?

Answer 30

It requires 4 items to prove 1) a valid and enforceable contract between parties 2) defendant knew of the existence of the contract and terms 3) defendant intentionally took steps to cause the breach 4) breach caused injury

Question 31

When a third party interferes with a contract what may the plaintiff sue for?

Answer 31

They may sue for any losses suffered related to the breached contract, emotional distress and loss of reputation.

Question 32

When does unfair competition exist?

Answer 32

It exists when someone enters a business with the sole intent of driving someone else out of business.

Question 33

What is fraudulent misrepresentation?

Answer 33

It is when one uses deceit to facilitate personal gain.

Question 34

What are the elements to establish fraudulent misrepresentation?

Answer 34

1) party knowingly or with reckless disregard for the truth misrepresented material facts and conditions
2) party intended to have other parties rely on the misrepresentations
3) injured party reasonably relied on the misrepresentations
4) injured party suffered damages because of relying on the misrepresentations
5) direct link exists between the injuries suffered and a reliance on the misrepresentations

Question 35

What is negligence?

Answer 35

It is behavior that creates an unreasonable risk of harm to others. Failure to exercise reasonable care to protect another’s person or property

Question 36

What 4 elements must be proved for negligence?

Answer 36

1) duty
2) breach of duty
3) causation
4) damages

Question 37

What is the reasonable person standard?

Answer 37

It is a measurement of the way members of society expect an individual to act in a given situation.

Question 38

What are the 4 questions for consideration of a reasonable person standard?

Answer 38

1) how likely is the harm
2) how serious was the potential harm
3) social benefit of the defendant’s conduct that posed the risk of harm
4) costs necessary to reduce the risk of harm

Question 39

What are the 2 kinds of causation?

Answer 39

1) actual cause - fact - except for defendant’s action

2) proximate - legal - forseeability

Question 40

When are punitive damages awarded?

Answer 40

Usually when the defendant has committed gross negligence or extreme reckless disregard.

Question 41

What does res ipsa loquitur?

Answer 41

It translates the thing speaks for itself. It means that even though there may not be direct evidence more likely than not the defendant’s actions caused the harm.

Question 42

What must be demonstrated for res ipsa loquitur?

Answer 42

1) the event does not occur in the absence of negligence
2) other responsible causes including third parties have been eliminated
3) negligence is within the scope of the defendant

Once met, the burden shifts to the defendant

Question 43

What is negligence per se?

Answer 43

It translates to negligence in or of itself. It is where the defendant violates a rule or law designed to protect from certain harm a specific group from which the plaintiff is a member

Question 44

What are defenses to negligence?

Answer 44

1) contributory negligence
2) comparative negligence
3) assumption of risk
4) last-clear-chance doctorine

Question 45

What is contributory negligence?

Answer 45

Contributory negligence postulates that the plaintiff’s conduct was below the standard to prevent unreasonable risk and contributed to the harm. Plaintiff will collect nothing.

Question 46

What is last clear chance?

Answer 46

It is when the defendant had a last opportunity to avoid the action that injured the plaintiff.

Question 47

What is comparative negligence?

Answer 47

It is when the defendant also contributed to the act that created harm. Under pure - the court finds for the plaintiff in the percentage of harm assigned to the defendant. In modified - the defendant must be 50% or greater responsible before damages are awarded.

Question 48

What are the two types of assumed risk defenses?

Answer 48

Voluntary and implied

Question 49

What is strict liability?

Answer 49

It is when an individual is held at fault because the activity is 1) involves a risk of serious harm 2) it is so inherently dangerous that it cannot ever be safely undertaken 3) not usually undertaken in the immediate community

Question 50

What are the 3 types of damages available in tort cases?

Answer 50

1) compensatory 2) nominal 3) punitive

Question 51

Are attorney’s fees part of compensatory fees?

Answer 51

No