Ch 8

Question 1

tort

Answer 1

a civil wrong that interferes with one’s property or person

Question 2

tort and crime distinguished

Answer 2

a crime is a wrong that arises from a violation of a public duty, and a tort is a wrong that arises from the violation of a private duty
-the same act can be a crime and a tort

Question 3

types of torts

Answer 3

intentional torts - when wrongdoers engage in intentional conduct
negligence - failure to exercise due care
strict liability - absolute liability due to inherent danger of the activity, regardless of intent

Question 4

assault

Answer 4

threatening a person with imminent harm

Question 5

battery

Answer 5

the wrongful touching of another person without their consent

Question 6

false imprisonment

Answer 6

detaining a person without their consent

shopkeeper’s privilege - store owners may detain a shoplifter for a reasonable time

Question 7

intentional infliction of emotional distress

Answer 7

outrageous conduct which produces mental anguish to the harmed individual

Question 8

invasion of privacy

Answer 8

-public disclosure of private facts
-intrusion into the plaintiff’s private affairs
-appropriation of another’s name, likeness, or image for commercial advantage

Question 9

defamation

Answer 9

• a false statement by one party about another to a third party
• slander: spoken defamation
• libel: written defamation
• online issues: many posts are anonymous
• defense: truth and privilege

Question 10

product disparagement

Answer 10

false statements made about a product or business

Question 11

wrongful interference with contracts

Answer 11

a third party interferes with others’ right to contract

Question 12

trespass

Answer 12

unauthorized action with respect to land or personal property

Question 13

elements of negligence

Answer 13

-duty to exercise reasonable care
-breach of duty
-causation: the duty and the breach of duty must be connected to the plaintiff’s injuries
-damages: actual losses must have been sustained

Question 14

defenses to negligence

Answer 14

contributory negligence
-plaintiff’s negligence is a complete bar to recovery of damages from the defendant
comparative negligence
-negligent plaintiff permits damage recovery in proportion to defendant’s degree of fault
-in some states, no recovery if plaintiff’s negligence exceeds 50%
assumption of the risk
-express assumption: a written acknowledgement of risk that releases the defendant from liability
-implied assumption: based on the activity
-many states have abolished this defense or reclassified it as comparative negligence

Question 15

immunity

Answer 15

governments are usually immune from liability

Question 16

strict liability

Answer 16

-absolute standard imposed by law in situations requiring extreme protection
-few if any defenses apply, and the company or person causing damages will be liable

Question 17

imposing strict liability

Answer 17

can occur in different situations but most common in product liability