Ch. 6 Torts

Question 1

An intentional _____ is a civil wrong resulting from some deliberate conduct or from a situation where the conduct is substantially certain to occur. Key elements are an act, intent, and _________. This civil wrong enables a person to bring a ______.

Answer 1

tort; causation; lawsuit

Question 2

__________ is a tort constituting a breach of duty owed by one person to another that causes harm to the non-breaching party’s person or property. The key elements are duty, breach, causation, and _________.

Answer 2

Negligence, damages

Question 3

In a tort suit, the plaintiff has the burden of proof, which required the party to present the evidence required to prove her case. This is referred to as presenting the “_____ facie” evidence because it is the ____ set of required evidence.

Answer 3

prima; first

Question 4

If the plaintiff fails to present prima facie the case is ________.

Answer 4

dismissed

Question 5

______ liability represents a tort for which a person will be held liable regardless of who is at fault.

Answer 5

strict

Question 6

_______ is in essence an improper touching of a person.

Answer 6

Battery

Question 7

In order to establish prima facie case of battery, a plaintiff must prove that:

a. the defendant acted in a manner that caused some ________ or offensive contact to the plaintiff’s person,
b. the defendant intended to cause such contact, AND
c. the defendant caused the contact or his actions set in motions something that caused the contact, which is referred to as __________.

Answer 7

harmful; causation

Question 8

A defendant will be deemed to have ______ either:

a. if they desired to bring about the contact, making it a ______ intent, or
b. if they knew with sufficient certainty that their actions would bring about the contact, making it a ________ intent.

Answer 8

intent; specific; general

Question 9

An ______ occurs when one party cause the other to expect that a battery will be committed against them. In order to establish prima facie, the plaintiff must prove:

a. the defendant acted in a manner that caused the plaintiff reasonable _______________ that she would suffer immediate harmful or offensive contact to them,
b. the defendant intended to cause such apprehension, AND
c. there was causation, meaning the defendant caused the apprehension or his actions set in motion something that caused it.

Answer 9

assault; apprehension

Question 10

Apprehension refers to an ____________ in this case, and not fear. Words alone are generally _____________ to create apprehension w/o some overt act such as a raised hand/fist.

Answer 10

expectation; insufficient

Question 11

_____________ intent occurs when a defendant intends to commit a tort against one party but

a. commits the tort against a different person
b. commits a different tort against the same person OR
c. commits a different tort against a different person

Answer 11

transferred

Question 12

Intentional inflictions of ____________ distress occurs when a person causes extreme emotional distress to another person. To establish _____ _____, the plaintiff must prove:

a. the defendant engaged in extreme and outrageous conduct (that a reasonable person would find outrageous),
b. the defendant either intended to cause the plaintiff to suffer severe emotional distress, or recklessly disregarded the probability that their conduct would case such distress
c. there was ____________ because the defendant or something he set in motion caused the distress AND
d. the plaintiff suffered _________.

Answer 12

emotional; prima facie; causation; damages

Question 13

The defendant can raise a number of ________ to avoid liability for an intentional tort.

a. If the plaintiff gives them _______ to the defendant’s act
b. if the defendant’s action constituted ____-________, which represents situations in which a person reasonably believes her actions are necessary to protect themselves from physical harm. In this case, they can only use the amount of force necessary to protect themselves from harm OR
c. a person may use the ______ of others if their actions were designed to protect another person, who could have acted in self-defense.

Answer 13

defenses; consent; self-defense; defense

Question 14

A prima facie case of __________ requires the plaintiff prove:

a. the defendant owed a duty to the plaintiff
b. the defendant breached the duty
c. the breach was the actual and proximate cause of the plaintiff’s injury AND
d. the plaintiff suffered damage to her person or property.

Answer 14

negligence

Question 15

The general standard of ____, is a “reasonable person standard”, which is an objective standard an required that a person act in a manner that an average prudent person exercising reasonable care would act.

Answer 15

care

Question 16

The standard of care of a ______________ requires them to act with the knowledge or skill consistent with their profession,

Answer 16

professionals

Question 17

The standard of care for ________ requires them to act with the care that a reasonable child of a similar age, intelligence, and experience.

Answer 17

child

Question 18

As a general matter, people are not under and affirmative ____ to act. If someone is in danger, there is no duty to help the avoid danger. Once someone acts for the benefit of another, they are then under a duty to perform their actions with _______________ care.

Answer 18

duty; reasonable

Question 19

“____ __________” statutes that allow people who voluntarily aid others to avoid liability for negligence unless the actions fall significantly below the appropriate standard of care.

Answer 19

good samaritan

Question 20

A defendant will have __________ her duty when they fail to exercise the standard of care applicable to their actions.

Answer 20

breached

Question 21

A breach of duty will be established by the principle of “res ___ Loquitor” which means “the thing speaks for itself” and is used in circumstances where a particular action generally occurs as a result of a breach of someone’s duty.

Answer 21

Ipsa

Question 22

To use Res Ipsa Loquitor, a plaintiff must establish that:

a. the harm would not ordinarily occur w/out someone’s negligence,
b. the instrument creating the harm was under the sole and complete control of the __________ AND
c. the hard did not result from the plaintiff’s own _______

Answer 22

defendant; conduct

Question 23

Causation includes two factors:

1. _____ cause
2. _________ cause

Answer 23

Actual and Proximate

Question 24

_____ cause refers to finding that the plaintiff’s injury was the “cause in fact” of the defendant’s actions.

Answer 24

actual

Question 25

________ cause is essentially a forseeability test, and operates to limit actual cause to those consequences that a plaintiff can prove represented a foreseeable result of the defendant’s actions.

Answer 25

proximate

Question 26

Sometimes, an event will occur after a defendant’s actions that will contribute to a plaintiff’s harm, knows as an ____________ cause or force. If such force is foreseeable, the defendant will be liable for the harm.

Answer 26

intervening

Question 27

A plaintiff may ________ for all of her injuries, even if the extend of the injuries was not foreseeable. They can also recover for damages to her _______, and if the act was willful or reckless, they can recover _______ damages.

Answer 27

recover; property; punitive

Question 28

True / False: The plaintiff can recover those damages that could have been avoided with the exercise of reasonable care.

Answer 28

False

Question 29

_____________ negligence is a defense negligence that refers to situations in which the plaintiff’s own negligence has contributed to her harm.

Answer 29

Contributory

Question 30

___________ negligence means that a plaintiff’s damage award will be reduced by the amount reflecting the plaintiff’s contribution to her harm.

Answer 30

Comparative

Question 31

__________ of Risk refers to a situation in which the plaintiff has knowledge of a risk of injury and voluntarily engages in an action despite the risk. It is not an available defense for ____________ torts.

Answer 31

Assumption; intentional

Question 32

_____ liability is established when:

a. someone has an absolute duty of care
b. the duty is breached
c. the breach constitutes the actual and proximate cause of the injury AND
d. the plaintiff or their property is harmed

Answer 32

strict

Question 33

An absolute ____ of care arises either by statute or imposed by the court when a defendant is engaged in an ultrahazardous _________, such as using explosives or caring for wild animals. There are generally no defenses to torts that involve strict liability.

Answer 33

duty

Question 34

A prima facie case of __________ is established by showing that

a. the defendant used defamatory language - has a negative impact on someone reputation
b. the language was of or concerning the plaintiff
c. there was a publication of the language AND
d. the defamatory language damaged the plaintiff’s __________.

Answer 34

defamation; reputation

Question 35

Libel constitutes defamatory _________ that is written or permanently recorded and damages are presumed. _______ involves spoken defamatory language, this generally requires proof of damages.

Answer 35

language; slander

Question 36

Slander if case of a person’s business or profession, or indicating a person:
a. suffers from a loathsome disease
b. is guilty of a crime of moral turpitude OR
c. a woman has engaged in unchaste behavior
[does/does not] require proof of damages.

Answer 36

DOES NOT

Question 37

Both _______ and truth constitute complete defenses for defamation, and thus enable the defendant to avoid all liability.

Answer 37

consent

Question 38

_________ with business relations constitutes an action against someone who deliberately interferes with someone else’s economic relationship.

Answer 38

Interference

Question 39

Vicarious _______ refers to situations where one person is liable for the torts of another. For example, The doctrine of respondeat ________, makes employers liable for the torts of their employees when they are committed within the scope of the employment relationship.

Answer 39

liability; superior