Ch 6 - Tort Law

Question 1

purpose of tort law

Answer 1

compensates those who have suffered injuries as a result of the wrongful conduct of others

Question 2

damages

Answer 2

monetary compensation f/ such harm/injury

Question 3

types of damages (2 -> 2)

Answer 3

compensatory, special, general, punitive

Question 4

special and general damages

Answer 4

1. quantifiable monetary losses, or compensate for extra costs, irreplacable items, repairing or replacing property
2. individuals X companies for nonmonetary harm suffered, ex. Pain and suffering

Question 5

defenses v torts

Answer 5

consent, comparative negligence, statute o limitation

Question 6

tortfeasor

Answer 6

one committing tort

Question 7

transferred intent

Answer 7

def* intends to harm 1 indv* but unintentionally harms second *

Question 8

false imprisonment

Answer 8

intentional confinement or restraint of another persons activities against their will wo justification
X include moral pressure

Question 9

intentional infliction of emotional distress - actionable when

Answer 9

capable of sercing as the ground for lawsuit: act - extreme and outrageous to point it exceed bounds of decency accepted by society

Question 10

outrageous conduct

Answer 10

repeated annoyances and threats

Question 11

libel v slander

Answer 11

1. writing/other perma form

2. breaching orally

Question 12

rq for defamation

Answer 12

lied
about plain* + harmed rep
publication to someone other than plain*
statement of fact rq

Question 13

damages for libel rq

Answer 13

X need prove actual harm

Question 14

slander rq + exception

Answer 14

suffered economic/monetary losses

slander per se

Question 15

statement per se (4 types)

Answer 15

statement that * has loathsome disease, committed improprieties while engaging in a profession/trade, * committed /been imprisoned for serious crime, * unchaste + engages in serious sexual misconduct

Question 16

defamation - public figures rq

Answer 16

actual malice = made w. knowledge o falsity/reckless disregard o truth

Question 17

4 acts that qualify as invasion o privacy

Answer 17

intrustion into individuals affairs/seclusion; false light; public disclosure of private facts; appropriation of identity

Question 18

appropriation statutes

Answer 18

take someone’s image for commercial purpose without their consent

Question 19

fraudulent misrepresentation def

Answer 19

Misrep of facts w/ knowledge that -false/ reckless disregard f truth, intent to inuce another party to rely on the misrep.; jsutifiable reliance on the misrep by the decieved party, damages suffered as a result of that reliance; causal connection between misrep and the injury suffered

Question 20

fraudulent misrep 2 types + diff

Answer 20

negligent misrep v intentional

whether they had knowledge of falsity

Question 21

malicious prosection

Answer 21

person initiates lawsuit out of malice + wo lgal reason + loses

Question 22

abuse of process

Answer 22

X lim to prior litigation + X need proof of malice

Question 23

business torts def + rq

Answer 23

interference with contractual relationship, interference w business rela
3 elements necessary: valid enforceable contract must exist between 2 parties; 3rd party must know that this contract exists; 3rd party must intentionally induce a party to contract to break the contract

Question 24

purpose f business torts

Answer 24

Cannot unreasonably interfere w another business to attempt to gain a greater share of market
Competitive practices v predatory behavior

Question 25

real v personal property

Answer 25

1. land and things perma attached to land

2. all other items incl cash and securities

Question 26

trespassing - who, liability, defenses

Answer 26

auto trespasser
LIABILITY FOR HARM - tres* liable for damages caused by them and cannot hold owner liable for damages sutained on the premises
- Reasonable duty of care
- Attractive nuisance doctrine
trespass warranted, Licensee

Question 27

licensee

Answer 27

• invited/allowed to enter

Question 28

artisans lien

Answer 28

keep property until paid

Question 29

conversion

Answer 29

act that deprives owner of personal property/ o use o that property wo owner perms and who just cause, failure to return goods

Question 30

diff btwn trespass v conversion

Answer 30

1. taking property 2. retianing

Question 31

disparagement of property

Answer 31

economically injurious falsehoods are made about anothers product/property rather than about *’s rep

Question 32

slander of title

Answer 32

publication knowingly falsely denies/casts doubt on another’s legal ownership o property, resulting in financial loss to property’s owner

Question 33

negligence rq (3)

Answer 33

duty of care + breach, causation, injury

Question 34

reasonable person standard

Answer 34

how would a reasonable person act in the same circumstances to determine whether duty o care - breached

Question 35

causation (2q)

Answer 35

causation in fact, proximate/legal cause, foreseeable?

Question 36

dram shop acts

Answer 36

bar owner / bartender may be held liable for injuries caused by * who drank too much at bar, responsible for continuing to serve intoxicated *, sometimes social hosts too

Question 37

defenses to negligence (5)

Answer 37

plain* X prove 1/+ rq element
assumption o risk
superseding clause
contributory negligence
comparative negligence

Question 38

comparative negligence types (2)

Answer 38

50% rule - plain* 50% more at fault -> nothing
51%
pure form - recovery reflects